The Supreme Court dismissed Jharkhand minister Irfan Ansari’s plea challenging the High Court’s denial to quash charges of revealing a minor’s rape victim identity. Evidence indicated Ansari shared details on social media. The court questioned his motives, suggesting a desire for publicity, and upheld that a trial was necessary to determine his liability.
New Delhi: The Supreme Court has dismissed a plea by Jharkhand state cabinet minister Irfan Ansari, challenging the Jharkhand High Court’s decision to not quash charges against him for allegedly revealing the identity of a minor rape victim. The Court questioned whether Ansari sought “publicity for everything” during the proceedings.
Ansari is accused of visiting a four-year-old rape victim at a hospital with his supporters, allegedly gathering and sharing her identity details, including her name, address, and photograph, on social media. He faces charges under Section 228A of the Indian Penal Code (IPC), Section 74(1)(3) of the Juvenile Justice Act, 2015, and Section 23 of the Protection of Children from Sexual Offences Act, 2012.
The High Court noted evidence from witnesses, including a reporter, who claimed Ansari created a WhatsApp group where the victim’s identity was shared. Another witness linked these messages to Ansari’s phone number. Despite Ansari’s claim that his secretary was responsible, the High Court maintained,
“Criminal liability cannot and should not be transferred at this stage, and even for examining this aspect, a trial is required.”
During the hearing, Justice B.V. Nagarathna and Justice Satish Chandra Sharma questioned Ansari’s intentions, stating,
“You want publicity for everything? It is only publicity. Mandatory requirements (under law) are not followed. He could have gone alone or with one person. But he went there with supporters.”
The Bench allowed Ansari’s counsel to withdraw the Special Leave Petition (SLP) and dictated its dismissal as withdrawn.
In its September 2024 decision, the Jharkhand High Court upheld the Sessions Court’s rejection of Ansari’s discharge application. The Court highlighted the Supreme Court’s guidelines in Nipun Saxena v. Union of India (2019), which prohibit the disclosure of a victim’s identity, directly or indirectly, through any form of media.
The High Court stated that the provisions Ansari was charged under were substantiated by evidence, including WhatsApp messages linking the victim’s identity to Ansari’s number. It concluded,
“Prima facie it shows somehow the involvement of the petitioner in disclosing the identity, including the photographs of the victim, over social media via WhatsApp.”
Case Title: Irfan Ansari vs. State of Jharkhand [Diary No. 57869-2024]
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