Delhi riots: HC says ‘nothing left’ in plea on disclosure statement leak

The bench of justice Saurabh Banerjee directed Tanha to file a note explaining why the petition should continue to be heard, and listed the matter for further hearing on April 30

New Delhi: Delhi High Court on Tuesday observed that there was “nothing left” in the petition filed by Asif Iqbal Tanha, an accused in the 2020 northeast Delhi riots, seeking an inquiry into the alleged leak of his disclosure statement by the police to the media. The court noted that the petition was filed over five years ago and was on the verge of becoming “infructuous.”

The court noted that the petition was filed over five years ago and was on the verge of becoming “infructuous” (Photo for representation)

“Almost five years have passed. This petition has seen its day. It has become infructuous today. Five years is a lot of time. Your relief in the main petition is not relevant today. Your prayers are not maintainable now, I am telling you on your face. All the prayers are infructuous, there is nothing left in this,” the court noted.

The bench of justice Saurabh Banerjee directed Tanha to file a note explaining why the petition should continue to be heard, and listed the matter for further hearing on April 30.

“The counsel for the parties are granted two weeks to file a note addressing the arguments on the factum of continuance of the petition, in view of the prayers sought by the petitioner almost five years back and admittedly, petitioner has not taken appropriate steps in accordance with law by filing an appropriate petition seeking registration of an FIR against the accused.”

Tanha’s counsel argued that an inquiry into the alleged leak was still necessary because his client continued to be affected, and charges in the case had not yet been framed. The counsel argued that the five-year delay was due to the matter not being taken up for hearing after 2023.

Tanha moved the high court in 2020 seeking an inquiry into the conduct of the police officials responsible for “sharing” sensitive information with the media, and requested directions for media houses to take down the confidential information. He was arrested in May 2020 and released in June 2021 after the court granted him bail.

During the hearing, the court also questioned Tanha for his failure to approach the appropriate court for registration of the FIR.

“This court cannot be a fact-finding authority, it is an RTI application now. You are asking who has done this, how was this done. Please take recourse to the appropriate court of law. If your fundamental rights have been affected for the past five years then what stopped you from taking procedure according to law? You have an alternative statutory remedy you have not availed. Why have you not filed Section 156 CrPC (court direction for proper investigation by police),” the court asked.