On Wednesday 25th November, the Jammu and Kashmir High Court refused to interfere in ongoing investigation in relation to an FIR registered against Advocate Deepika Singh Rajawat for her tweet on Navaratri/Naratras.
Justice Sanjay Dhar specifically observed, “At this stage, it may not be appropriate to go into the merits of the rival contentions of the parties and it will also be not proper to interfere in the investigation of the FIR, which is stated to be at its infancy.”
Before the final view is taken in the matter of the investigation Agency, the Court said, “This Court needs to go into the issues raised in the instant petition.”
In the FIR registered against her, it is pertinent to note that she already had been admitted to an anticipatory bail by the Principal Session Judge, Jammu.
The Court directed; “The investigation in the FIR may continue but the final report shall not be filed by the Investigating Agency before the competent Court without permission of this Court.”
The petitioner- Advocate Dipika Singh Rajawat challenged FIR No.174/2020 registered against her for allegedly hurting religious sentiments of a community in her tweet on Navratri, offences under Section 295-A and 505(2) IPC registered at Police Station, Gandhi Nagar, Jammu.
Rajawat had tweet a cartoon, contrasting women safety with Devi Pujan offered on Navratri, with a caption “Irony” on October 19.
Rajawat had stated that she posted the said tweet “with an objective to raise voice against increasing rape cases in India and condemn people who atrocities on Women”.
She further stated, “The said picture which highlights the hypocrisy of society towards women was not about religion. It neither abuse Hindu religion nor religious faith of Hindus.” The Senior Counsel appearing for her contended that if “we have a look at the image that was tweeted by the petitioner,
it does not, in any manner, hurt the religious feeling of any community, inasmuch as it simply depicts that the women are being revered during Navratras festival, whereas similar treatment is not given to them during rest of the days of the year.”
In her anticipatory bail plea, she had alleged that her tweet was painted communally by the BJP IT Cell, which started the online Campaign #ArrestDeepikaSinghRajawat.
Later in her several tweets she alleged that she was being threatened by the public and was “Not Feeling Safe” anymore. She also alleged that the mod gathered around her residence and raised slogans against her.
The AAG submitted before the Court that she “has herself admitted in her petition that as a reaction to her aforesaid tweet, a particular outfit felt agitated and they held demonstration in front of her residence as a consequence whereof she had to approach the police for her protection.”
The AAG on this basis submitted that, “at this stage, it cannot be stated that the act of the petitioner has not hurt the feelings of any section of the community.”
Advocate Deepika Singh Rajawat represent the Kathua gang rape Victim in 2018.
The matter is postponed further hearing on 09th February 2021. And Court has directed the respondents to file their response.
Case title – Deepika Singh Rajawat v. Union territory of J&K and others
[CRM (M) No.405/2020 CrlM Nos1528 & 1529 of 2020]
Coram: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE