Delhi Court Stays FIR Order Against Abhijit Iyer-Mitra
In a notable development, a Delhi court has temporarily halted a magistrate court’s directive to register a First Information Report (FIR) against Abhijit Iyer-Mitra. This was in relation to allegedly objectionable social media posts targeting Newslaundry’s Manisha Pande and other journalists. The session’s court decision was delivered by Additional Sessions Judge (ASJ) Purshotam Pathak at the Saket court.
ASJ Pathak observed that while Iyer-Mitra’s posts contained words in a poetic form, no individual was specifically named. “A detailed analysis of the words and phrases used can only be conducted after hearing arguments from both parties on the merits of the revision petition. Furthermore, no harm will be caused to the respondent or complainant if the operation of the contested order is stayed until a final decision on the revision petition is reached,” stated the judge.
The court also remarked on the action taken report from the Delhi Police, which appeared to support Iyer-Mitra’s claims but was deemed inconclusive. “Police assistance is essential to determine the mens rea or motive, which can only be ascertained after recording the responses from both parties in the revision and subsequent arguments,” the court added, thus suspending the magistrate court’s order.
Allegations Against Iyer-Mitra
Manisha Pande, along with six other journalists, had approached the magistrate court, alleging that Iyer-Mitra repeatedly referred to them as prostitutes in a series of posts and articles on the social media platform X (formerly Twitter). They highlighted specific tweets, such as one where Iyer-Mitra wrote, “door gaon mein Newslaundry naam ki basti thi jahan r****** sasti thi,” and another tweet containing derogatory remarks about Pande.
On April 22, the magistrate court had ordered an FIR to be registered, asserting that Iyer-Mitra made remarks with sexual undertones against Pande and other journalists, which were prima facie intended to insult Pande, who was expressly named. Consequently, the court ordered a case against Mitra for offenses under Sections 75 (sexual harassment) and 79 (word, gesture, or act intended to insult the modesty of a woman) of the Bharatiya Nyaya Sanhita.
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Legal Proceedings and Representation
Following the magistrate’s order, ASJ Purushottam Pathak stayed the order on May 4 after Iyer-Mitra filed a revision petition. The case was subsequently challenged by Pande and others in the High Court, which overturned the Sessions Court’s decision, citing a lack of adequate reasoning. The High Court then remanded the matter back to the sessions judge, instructing him to issue a reasoned order.
Today, the sessions judge issued a fresh order with detailed reasons. Representing Abhijit Iyer-Mitra were Senior Advocate Percival Billimoria and advocates Jasmine Damkewala, Rachita Sood, and Priyamvada Paneru. On behalf of the Newslaundry journalists, Senior Advocate Nandita Rao, along with advocates Bani Dikshit, Uddhav Khanna, and Dhruva Vig, were present. Additional Public Prosecutor Arun Kumar Singh appeared for the State.
