The Uttarakhand High Court has ordered an investigation into the online abuse and targeting of judges and lawyers involved in a sensitive rape case in Nainital. The case concerns the alleged sexual assault of a 12-year-old girl by 73-year-old contractor Mohammad Usman on April 12, an incident that triggered significant unrest and violence in the hill station.
During a hearing on Thursday, a division bench of Chief Justice G Narendra and Justice Alok Mehra addressed the issue of online abuse directed at judicial officers and lawyers. The court expressed strong disapproval of the misuse of the High Court's name in "hate speeches" and questioned the administration's inaction. The court also questioned the High Court bar regarding its actions. The court hinted at the possibility of taking judicial notice of the hateful content circulating online. The Nainital police have been directed to investigate the matter and submit a report to the court by Monday.
The High Court's intervention comes amidst a backdrop of heightened tensions and legal complexities surrounding the rape case. Earlier, the Nainital Bar Association had passed a resolution urging its members not to represent Usman, the accused. The High Court, however, challenged this move, asserting that every accused individual has the right to legal representation. Subsequently, the Muslim community in Nainital publicly expelled Usman and pledged to support the survivor's medical and educational needs.
The court 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 accused in the rape case. His counsel, Kartikey Hari Gupta, argued that the transfer was carried out without prior notice or valid reason, violating the Uttarakhand Transfer Act 2017. He also claimed that the transfer order, officially justified on administrative grounds, appeared punitive and was shared by right-wing leaders on social media before the petitioner received it. Gupta argued before the court that the transfer order violated the Uttarakhand Transfer Act 2017, as no due inquiry preceded the transfer.
Advocate General S N Babulkar and Chief Standing Counsel Chandrashekhar Rawat defended the transfer decision, stating that it was made following established norms. The court did not grant immediate relief and scheduled the next hearing for Monday.
In related developments, the Uttarakhand High Court had previously taken suo moto cognizance of the tensions in Nainital following the alleged rape. The court directed the police to maintain law and order, prevent gatherings, and conduct vehicle checks. Authorities were also instructed to monitor the internet to curb rumour-mongering. The court's intervention followed communal tensions that arose after the alleged sexual assault of the 12-year-old girl.
The High Court had also criticized the Nainital administration for issuing a demolition notice against Usman's house, citing a failure to adhere to Supreme Court guidelines on demolition and removal of encroachments. The court reprimanded the police for failing to control the law and order situation in the town.
