The Delhi High Court on Tuesday observed that the petition filed by Delhi riots accused Asif Iqbal Tanha regarding the alleged leak of his “disclosure statement” to the media is on the “verge of becoming infructuous.” Justice Saurabh Banerjee, presiding over the matter, remarked that “nothing left” remains in the plea given that more than five years have passed since its initial filing in August 2020.
The primary legal issue involves a petition seeking an inquiry and action against police officials and media houses for the alleged leak of a “confidential” disclosure statement. The petitioner contended that the dissemination of his alleged admission of guilt by media organizations before the trial court took cognizance violated the “programme code” and prejudiced his right to a fair trial.
Asif Iqbal Tanha was arrested in May 2020 in connection with the “larger conspiracy” case related to the 2020 northeast Delhi communal violence. He was subsequently granted bail by the High Court in June 2021. In August 2020, Tanha moved the High Court aggrieved by reports in certain media outlets claiming he had confessed to orchestrating the riots. He alleged that he was coerced into signing documents while in police custody and sought the removal of the sensitive information from public domains.
For the Petitioner: Counsel Sowjhanya Shankaran argued that the lapse of five years should not render the petition moot, as the delay was not due to a lack of diligence by either party. She emphasized that the petitioner continues to be affected because charges in the main conspiracy case are yet to be framed. Shankaran further contended that the internal inquiry conducted by the Delhi Police into the leak was a mere “eyewash” and maintained that a formal inquiry into the conduct of the responsible officials is necessary.
For the State (Police): The Delhi Police, in their status report, stated that while an internal inquiry could not definitively establish how the investigation details reached the media, the leak caused “no prejudice” to Tanha regarding his right to a free and fair trial.
Justice Saurabh Banerjee expressed a “prima facie view” that the petition had outlived its utility. The court noted:
“The case has lived its life. It is on the verge of being infructuous. There is nothing left in this.”
The court further observed that “much water has flown” since the petition was filed in 2020. Addressing the petitioner’s failure to pursue other legal remedies, the bench remarked:
“I agree with her submission (that) there may be rightful intention to approach the high court but after lapse of five years what is left? The petitioner has not exercised his fundamental right of taking recourse to appropriate provision of law.”
Justice Banerjee also clarified the court’s jurisdictional boundaries, asserting that the High Court is not an “RTI forum or a fact-finding authority.” The court specifically questioned why the petitioner did not take steps to seek the registration of a First Information Report (FIR) against the police officials if he believed a criminal act had occurred.
The court did not dismiss the plea on Tuesday but listed the matter for further hearing in April to allow for further deliberation on the legal standing of the petition in light of the time elapsed.
