Probe hate speech against son of rape accused, HC tells police
Dehradun, May 16 -- The Uttarakhand high court on Thursday directed Nainital superintendent of police PN Meena to investigate the hate speech on social media, which targeted a 46-year-old man, who is the son of a rape accused, and the use of the name of the high court in hashtags.
The directions were given by the divisional bench of chief justice G Narender and justice Alok Mahra while hearing a writ petition filed by the petitioner, who works in the Public Works Department (PWD), Uttarakhand, against his transfer order.
Chief standing counsel CS Rawat, representing the state government in the case, said, "The court has directed superintendent of police Nainital PN Meena to investigate hate speech posts on social media against the son of the Nainital minor rape case accused in which hashtag of the high court has been used."
The petitioner's father was booked and arrested on April 30 for allegedly raping a 12-year-old girl on April 12.
Counsel of the petitioner Kartikeya Hari Gupta said that the petitioner challenged punitive and stigmatic transfer order by which he has been transferred from PWD construction division to temporary division on administrative grounds.
Gupta said, "We pleaded before the court that the transfer order is in violation of Uttarakhand Transfer Act 2017. The law mandates that before transfer on administrative grounds, there must be a due inquiry against the transferred employee, which was never done in this case. Transfer order whimsically mentions that the petitioner is negligent in work and does not comply orders of superiors. We have produced the confidential report before the court, which says that the petitioner's services are outstanding. How come, suddenly, after the criminal case against his father, he has become negligent? No show cause was ever given to him".
"We also showed the court Facebook posts of hate speeches written against the petitioner and his family by pressure groups. Only under the influence of those hate speeches the transfer order has been passed. His transfer order was celebrated by the pressure groups and circulated online to harass him," Gupta added.
Gupta said the court observed that such punitive transfer orders cannot be sustained in law and that there must be an inquiry before transfer on administrative grounds. "The court also observed that judicial notice of such hate speeches should be taken. The court said how come name of high court was misused in hate speeches. And administration did nothing? What is the high court bar doing? We have informed the court that not only the petitioner but hate speeches were made against the judges and lawyers of this case also."
Gupta said after hearing the matter, the court directed SSP Nainital to investigate the online hate speech posts in which hashtag of the high court was also used.
The court has posed the matter for further hearing on Monday.
On April 30, police registered an FIR under section 65 (1) (Punishment for rape in certain cases of rape on a woman under sixteen years), 351 (2) (criminal intimidation) of the BNS and relevant sections of Protection of Children from Sexual Offences Act against the father of the petitioner. In the complaint, the victim's mother alleged that the accused, who lives in the same neighbourhood, raped the minor in his car by luring her with money on April 12. The minor lives with her relatives in Nainital and her mother lives in Uttar Pradesh....
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