The Delhi High Court has refused to stay the investigation into the SC/ST Act FIR lodged by ACP Vivek Bhagat against journalists, issuing notice on their pleas and listing the matter for November 17. The allegations on both sides are untested.
New Delhi: The Delhi High Court on October 27, 2026 declined to stay the investigation into an FIR registered under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act on a complaint by Delhi Police Assistant Commissioner of Police Vivek Bhagat against a woman journalist and others, while issuing notice on her plea and on a connected plea by a male journalist seeking to quash the FIR [Woman Journalist v. State and Another, with connected matter].
Justice Mini Pushkarna heard the pleas. Senior Advocate Tanvir Ahmed Mir appeared for the journalists. The Court said orally that the investigation will continue, and that it will hear the matter on merits once the police reply is filed. The allegations in the FIR and in the journalist’s own complaint are allegations only. The Court has expressed no view on their merits, and the presumption of innocence applies to those named in the FIR.
How the case reached the Court
The dispute arises from a protest in Delhi on October 3, 2026 against Chief Election Commissioner Gyanesh Kumar. The woman journalist alleges that the ACP sexually harassed her during the protest, and says she filed a complaint at Parliament Street police station the same day. Her counsel told the Court that no FIR has been registered on that complaint.
On October 13, the ACP made his own complaint, which led to an FIR against the journalist and two others citing Sections 221, 356(2) and 3(5) of the Bharatiya Nyaya Sanhita along with the SC/ST Act. The FIR alleges public humiliation and casteist slurs during the protest. Mr Mir argued that the FIR was lodged within 26 minutes of the complaint and called the case retaliatory.
Earlier proceedings
On October 16, Justice Pushkarna had declined an urgent interim stay, saying she could not pass such an order without hearing the police, and listed the plea after the court vacation. Before that, the Supreme Court had directed that no coercive action be taken against the woman journalist. Mr Mir cited that order on Tuesday and asked for similar protection for the male journalist, who owns Digi News.
What happens next
The Court did not pass a reasoned order rejecting the stay prayer and will consider it on the next date. The respondents must file a status report or reply before then, and both sides may file written submissions with the judgments they rely on. The matter is listed for final hearing on November 17, 2026.
Case Title: Woman Journalist v. State and Another, with connected matter
Bench: Justice Mini Pushkarna, Delhi High Court
Date of Hearing: October 27, 2026
Appearances: Senior Advocate Tanvir Ahmed Mir for the journalists.