The Supreme Court on Thursday took strong exception to vigilantes browbeating and harassing a 14-year-old girl who had taken part in the Cockroach Janta Party protests in Delhi's Jantar Mantar.
A bench of Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V Mohana said that allegations concerning intimidation of the girl and browbeating her or her family members cannot would be a serious issue.
"Such matters cannot be taken lightly. Nobody should be protected if violence against a child is involved. If persons accused of such acts were roaming free and attempting to browbeat the child or her family so that they do not pursue criminal proceedings, it would be a serious matter," the CJI remarked.
The girl came under spotlight after right wing influencer Swatantra Bhardwaj openly told on social media that he had beaten the girl's father during the CJP protests.
Bhardwaj was initially booked only for the offences under Sections 115(2) (causing simple hurt) and 126(2) (wrongful restraint) of the Bharatiya Nyaya Sanhita (BNS).
He later took to social media and claimed that had cracked the skull of the girl's father and was detained by the police only for a few hours. He also claimed proximity to NDA leaders.
Meanwhile, after Cockroach Janta Party leaders along with the girl and her father protested at the Parliament Street police station, more serious charges were added and he was arrested.
He is currently under judicial custody.
The issue regarding the harassment of the girl came up before the Supreme Court today after a counsel told the bench that a counter FIR had been registered against the girl even as persons allegedly involved in assaulting and intimidating her continued to remain at large.
The counsel said that directions should be issued seeking status reports from Uttar Pradesh and Delhi on the FIRs, security provided to the child and action taken against those allegedly involved.
"Instead of prosecuting those who were accompanying the accused and were allegedly caught on camera, an FIR has been registered against the child. This is also contrary to the Supreme Court's earlier order," the counsel contended.
The High-Powered Committee constituted by the apex court to probe into violence against JP protestors will take time.
"If something happens to the child in the meantime, that cannot subsequently be reversed or repaired through the Committee," the lawyer said.
He also said that can provide video evidence that the child's residence was subject to stone-pelting.
"There cannot be any second opinion about it. Such matters cannot be taken lightly. Nobody should be protected. If violence against a child is involved and persons are roaming free and trying to browbeat the child or the family so that they do not pursue the criminal proceedings, that may be a serious matter," CJI Surya Kant agreed.
"Let me examine the entire matter. Whatever is required in the facts of the case can certainly be done," said Solicitor General Tushar Mehta.
He said that the Court will consider the complaints and pass directions if necessary.
"We will consider the complaints, iron out these issues and, if necessary, further clarify our directions. We are not in doubt. We will pass an order," the CJI stated.
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This has been going on for a long time and this brazen incident has just shone a spotlight on this issue.
Also looks like our justices have at last shown some spine and stood squarely against the government misuse of law.