A First Investigation Report (FIR) was registered against Advocate Deepika Rajwat Singh, who represented the Kathua gangrape case victim, by the J&K police for one of her tweets in relation to Navratri.
The bench, led by Justice Sanjay Dhar, delivered that investigation in the FIR may continue but the final report shall not be filed by the investigating agency before the competent court without the permission of the High court.
In her pleading, Rajawat challenged the FIR for offenses under section 295-A (hurting religious sentiments), and 505(2) (statements promoting enmity between classes) IPC registered at Gandhi Nagar police station in Jammu. The FIR was registered against a tweet wherein a picture was posted showing a woman being worshiped during the time of Navratri and being sexually assaulted during the rest of the year. She stated in her plea that the tweet did not, in any manner, hurt the religious feeling of any community.
The Additional Advocate General (AAG), representing the government, submitted that after the tweet was posted, it angered a particular group and they held a protest in front of her house because of which she had to seek police protection. At this stage, it cannot be stated that the act of the petitioner has not hurt the sentiments of any outfit of the community.
The court held that it will not intervene with the investigation which is in its initial stage and the court, therefore, allowed the inquiry to continue while asking the respondents to file their response.