HC orders probe into online abuse of judges, lawyers in Nainital minor rape case
Dehradun:
on Thursday directed Nainital police to investigate and report online abuse targeting its judges and lawyers in a rape case involving a minor girl. The court has asked SSP Nainital to submit a report by Monday.
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The rape case pertains to the alleged sexual assault of a 12-year-old girl by 73-year-old contractor Mohammad Usman in Nainital on April 12, an incident that led to largescale violence and arson in the hill station. Though the crime was allegedly committed on April 12, it came to light on April 30 when the girl informed her parents. Police arrested Usman soon after.
During Thursday's hearing, a division bench of Chief Justice G Narendra and Justice Alok Mehra took strong exception to the online targeting of judicial officers and lawyers.
"How can the name of the high court be misused in hate speeches, and why has the administration done nothing? What is the high court bar doing?" the court said, while hinting it may take judicial notice of the hate content.
The bench was hearing a petition challenging the transfer of Rizwan Khan, an assistant engineer in the public works department, from Khatima to Ghansali. Rizwan is the son of Usman, the rape accused. His counsel Kartikey Hari Gupta said the transfer had been carried out without any prior notice or valid reason, in violation of the Uttarakhand Transfer Act 2017.
He claimed that the May 5 transfer, which was officially justified on administrative grounds, appeared punitive as it followed the rape case.
He also said the order was shared by right-wing leaders on social media before the petitioner received it.
"We have pleaded before the Hon'ble court that the transfer order violates the Uttarakhand Transfer Act 2017. The law mandates that any transfer on administrative grounds must be preceded by a due inquiry, which was never conducted in this case," Gupta said.
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Advocate general S N Babulkar and chief standing counsel Chandrashekhar Rawat defended the decision, saying it was made in accordance with established norms.
The court did not grant immediate relief and scheduled the next hearing for Monday.
Earlier, the Nainital Bar Association passed a resolution urging its members not to representUsman. The high court, however, questioned the move, noting that every accused has the right to legal representation. The Muslim community in Nainital later publicly expelled Usman and pledged to support the survivor's medical and educational needs.
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