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Can’t browbeat a child to drop criminal case: SC on harassment of CJP protester

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Taking strong exception to allegations of harassment of a minor girl who participated in the CJP protests here in July, the Supreme Court on Thursday said nobody can be permitted to browbeat a victim or her family to force them to drop criminal proceedings.”Such matters cannot be taken lightly. Nobody should be protected if violence against a child is involved…If there are anti-social elements who indulge in violence against a child, and they are roaming free…and are trying to browbeat the child, that may be a serious thing,” a Bench led by Chief Justice of India Surya Kant said.”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,” noted the Bench which also included Justice Joymalya Bagchi and Justice V Mohana.The Bench asked Solicitor General Tushar Mehta to ensure action on the girl’s FIR and sought reports from the governments of Delhi and Uttar Pradesh on the issue.The direction came after an advocate said that a counter FIR had been registered against the girl even as those allegedly involved in assaulting and intimidating her remained at large.The counsel representing the 14-year old girl said she was harassed and her house vandalised after she registered an FIR against a person who claimed in a video that he had attacked her father during the CJP protest.”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 advocate told the Bench as he demanded security for the child and action against those involved.”The high-powered committee (set up by SC) will take time, but if something happens to the child in the meantime, that cannot subsequently be reversed or repaired through the committee,” the advocate said, seeking directions to governments of Uttar Pradesh and Delhi for filing status reports on the FIRs.As the CJI termed it a “serious thing”, Solicitor General Tushar Mehta said, “Let me examine the entire matter. Whatever is required in the facts of the case can certainly be done.”The Bench said, “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.”Following outrage over an interview in which Hindutva influencer Swatantra Bhardwaj claimed he had “cracked the skull” of the minor activist’s father during the July 20 protest and escaped arrest because of his political connections, he was arrested in Bulandshahr.On September 5, the Delhi Police added provisions of the SC/ST (Prevention of Atrocities) Act and criminal intimidation to the FIR against Bhardwaj over the alleged assault on the minor activist’s father during CJP protests.

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