The bench, headed by Chief Justice of India Surya Kant and comprising Justices Joymalya Bagchi and V Mohana, said nobody could be allowed to intimidate a victim or her family into abandoning criminal proceedings.
‘Nobody should be protected’
“There cannot be any second opinion about it. Such matters cannot be taken lightly,” the CJI-led bench observed.
The court said the matter becomes particularly serious if a child is subjected to violence and those allegedly responsible are allowed to remain free while attempting to pressure the child or her family.
The bench directed Solicitor General Tushar Mehta to ensure that action is taken on the minor's FIR and sought reports from the Delhi and Uttar Pradesh governments on the allegations.
Minor’s home allegedly vandalised
Appearing for the girl, her lawyer told the court that she had been harassed and that her residence was allegedly vandalised after she lodged an FIR against Bhardwaj.
The lawyer alleged that Bhardwaj had claimed in a video that he assaulted the girl's father during the July 20 CJP protest.
The counsel further submitted that, instead of prosecuting those allegedly seen accompanying the accused in video footage, an FIR had been registered against the child.
The lawyer said this was contrary to an earlier Supreme Court order and sought to place on record video footage purportedly showing stone-pelting at the girl's residence.
‘If something happens, it cannot be reversed’
The lawyer also raised concerns over the time that could be taken by a high-powered committee looking into the matter.
“The high-powered committee will take time, but if something happens to the child in the meantime, that cannot subsequently be reversed or repaired through the committee,” the counsel submitted.
The CJI responded that if people involved in violence against a child were roaming free and attempting to intimidate the child or her family, it could constitute a serious matter.
Delhi Police adds SC/ST Act charges
The Supreme Court hearing comes days after Delhi Police added provisions of the SC/ST (Prevention of Atrocities) Act and criminal intimidation to the FIR against Bhardwaj.
The action followed outrage over an interview in which Bhardwaj allegedly claimed that he had “cracked the skull” of the minor activist's father during the July 20 protest and escaped arrest because of his political connections.
Bhardwaj was subsequently detained in Bulandshahr after the CJP staged a protest outside the Parliament Street police station, demanding his arrest over the alleged assault.