New Delhi, Mar 24: The Delhi High Court on Tuesday said there was “nothing left” in Delhi riots accused Asif Iqbal Tanha’s petition against the alleged leak of his “disclosure statement” to the media, as more than five years have passed since the plea was filed and it was on the “verge of becoming infructuous”.
Asserting that the high court was not an RTI forum or a fact-finding authority, Justice Saurabh Banerjee questioned the petitioner on why he did not take steps to seek the registration of FIR in the case.
Tanha, in his petition, contended that he was aggrieved by the some media organisations sharing his alleged admission of guilt in the riots case. He also sought action against police officials responsible for sharing “sensitive information” to the media.
He was arrested in May 2020, and was released from jail in June 2021 after the high court granted him bail in the 2020 northeast Delhi riots larger conspiracy case.
During a hearing of the petition on Tuesday, Justice Banerjee gave his “prima facie view” and said that “much water has flown” since the filing of the petition in August 2020.
“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,” the court remarked.
“The case has lived its life. It is on the verge of being infructuous. There is nothing left in this,” the court said.
Tanha had moved the high court in 2020 against certain media houses disseminating his alleged admission of guilt in a case pertaining to the “larger conspiracy” behind the communal violence that took place here in 2020 before cognisance was taken by the trial court.
His counsel, advocate Sowjhanya Shankaran, contended that an inquiry has to be ordered into the leak as the petitioner continues to be affected and charges were yet to be framed in the case.
She submitted that the five-year lapse in the case was not due to the diligence of either party and the matter could not be taken up for hearing after 2023.
During the hearing, the court asked the petitioner if there was any bar under the law to seeking an FIR against the police officials. The court listed the matter for further hearing in April.
In his petition, Tanha has said he was aggrieved by various publications reporting that he has confessed to orchestrating the 2020 northeast Delhi riots and alleged that he was coerced to sign certain papers in the effective custody of police.
He has contended that the action of two media houses of placing contents from the chargesheet in the public domain has violated the programme code.
The petition sought a direction to the media houses to take down the confidential information. It also prayed for an inquiry into the conduct of the police officials responsible for sharing the sensitive information with the media.
In its status report filed in the case, police have said that while the inquiry could not establish how the details of the investigation were shared with the media, no prejudice was caused to Tanha with regards to his right to a free and fair trial.
Tanha’s counsel has earlier argued before the high court that the internal inquiry conducted by the police into the “leak” was an “eyewash”.
