Court orders FIR copy to Gujarat man accused of assaulting Delhi CM Gupta

Tis Hazari court cites SC ruling to reject police claim of ‘sensitive’ FIR; directs handover in 24 hours while restricting public circulation.

A city court on Wednesday ordered Delhi Police to hand over a copy of the first information report (FIR) to a Gujarat auto driver accused of assaulting chief minister Rekha Gupta, rejecting the police’s argument that the document was too “sensitive” to be shared.

Court dismissed Delhi Police’s reliance on a 2024 standing order, saying Supreme Court precedent guarantees the accused’s right to the FIR. (PTI)

Rajeshbhai Khimjibhai Sakriya, 41, was apprehended by Gupta’s security for attacking the chief minister during a weekly public hearing on August 20. He later moved Tis Hazari court seeking a copy of the FIR registered against him.

In his plea, filed through advocate Pardeep Khatri, Sakriya argued that withholding the FIR violated his right to a fair trial under Article 21 of the Constitution.

“Denial of the FIR copy prejudices the accused’s right to defend himself,” the plea said, adding that every accused has the right to “know the specific allegations” against him. Khatri also told the court that “withholding an FIR copy is against natural justice, fairness, and the right to a fair trial.”

Opposing the request, the investigating officer, inspector Hanumant Singh, said the FIR (No. 425/2025, filed at Civil Lines police station) in the matter had been declared “sensitive” by deputy commissioner of police (north) Raja Banthia.

The police further told the court that a copy could be given only if Sakriya furnished an undertaking not to use it outside legal proceedings or share it publicly. Khatri objected, saying: “There is no mandate in the Bharatiya Nyaya Suraksha Sanhita requiring such an undertaking.”

Magistrate Gaurav Goyal dismissed the police’s objections, citing the 2016 Supreme Court judgment in Youth Bar Association of India vs Union of India, which upheld an accused’s right to receive the FIR.

“In view of the law laid down by the Supreme Court, this court is of the opinion that the copy of the FIR should be supplied to the accused,” Goyal said, directing the investigating officer to comply within 24 hours.

The court, however, barred Sakriya from publishing, circulating, or sharing the FIR with third parties without prior permission.

Sakriya and his associate, Tehseen Syed, both from Gujarat, were arrested after the August 20 attack on the CM. Police had described the assault as part of a “well-planned operation” aimed at harming Gupta.