Need ‘independent’ probe into Tanha’s statement leaks, lawyer tells Delhi HC

Jamia Milia Islamia student Asif Iqbal Tanha, who was booked under the stringent Unlawful Activities Prevention Act (UAPA), told justice Mukta Gupta that sensitive information was leaked during the course of the investigation.

Jamia Milia Islamia student Asif Iqbal Tanha, an accused in the case registered for conspiracy behind the February 2020 north-east Delhi riots, on Wednesday demanded an independent probe into the alleged leak of his disclosure statement to the media, even before the court took its cognisance.

Senior advocate Siddharth Aggarwal, appearing for Tanha, said it was necessary to “insulate the investigation” from the persons subjected to scrutiny. (File photo)

Tanha, who was booked under the stringent Unlawful Activities Prevention Act (UAPA), told justice Mukta Gupta that sensitive information was leaked during the course of the investigation.

Senior advocate Siddharth Aggarwal, appearing for Tanha, said it was necessary to “insulate the investigation” from the persons subjected to scrutiny.

“If an enquiry is not yielding the result, it is only important to go to the next step, which is investigation,” Aggarwal said.

Tanha moved court last year after his alleged disclosure statement in the charge sheet filed in a Delhi riots case pertaining to the larger conspiracy, recorded by the police, was allegedly leaked to the media even before cognisance was taken by the court.

“When an enquiry yields no result, where people to be investigated are the same as those conducting it, where enquiry was within closed doors with no oversight, there is a mandate of entrusting that investigation to an independent department,” Aggarwal argued as the court fixed October 1 as the next date of hearing.

The senior counsel submitted that in its response filed in the matter, the police itself conceded to being aggrieved by the leak and it should take action against those responsible.

“Facts are clear that sensitive information during the course of the investigation was leaked to people who were not supposed to have it. (It was) leaked to my prejudice. Despite enquiry, they are not in the position to assist this court,” said the counsel.

“I’m not saying Delhi Police leaked it. I’m saying Delhi Police is the custodian and must answer for it. If an official file or register had been missing, there would have been 15 FIRs by now. If I had shared it..I want them to feel the same outrage that I’m feeling right now,” he added.

In its status report filed on August 5, the police said that while the enquiry could not establish how the details of investigation were shared with media, no prejudice was caused to Tanha in his exercise of right to free and fair trial. It further claimed that various media personnel, who were examined during the process, “refused to share the details of their source”