New Delhi: North East Delhi riots accused Asif Iqbal Tanha told the Delhi High Court on Wednesday his alleged disclosure statement in the case pertaining to the larger conspiracy behind the violence, which was in the custody of the city police, was leaked to the media because of an act of theft or misconduct of a public servant.
Tanha, who moved the high court in 2020 against certain media houses disseminating information about his alleged admission of guilt before cognizance was taken by the trial court, submitted before Justice Anup Jairam Bhambhani that in the absence of any authorised release about his disclosure statement by the Delhi Police the leak amounted to commission of a cognizable offence but the authorities took no action. It is an admitted fact that there was leakage and no information was shared officially, Tanha's lawyer said, adding he was not accusing any particular officer.
Senior counsel Siddharth Aggarwal, representing Tanha, submitted that his alleged disclosure statement, whose admissibility was also under question, was touted as truth to unsuspecting public and vilified an accused who is yet to be tried. The Delhi police said it was also aggrieved by the leak and a vigilance inquiry was ordered to look into the incident but the "source" could not be traced on account of the privilege of source protection granted to journalists. Aggarwal claimed in the present instance, the source is the police and asserted the obligation of State to protect the right of an accused cannot not breached.
There are journalists who are in jail because their sources are not that protected. Word for word the same disclosure statement (that was leaked) was filed by them (later in the charge sheet), he said. Aggarwal said the petitioner has prayed for fixing responsibility and accountability on the media and the investigating agency as he contended that his alleged disclosure statement should not have been published. Does the right to know of the public and right of the press to disseminate extend to predefining my guilt? the lawyer asked. "Even remand application not given but media has a copy of my disclosure statement... This is the investigation of the century, the most important investigation done in a very long time, the senior advocate said.
He said the investigation in the case was still underway and the right of the accused and right of the public to know has to be balanced on the test of fairness. Aggarwal said although the police have claimed the material travelled to the authorities at the Centre and the Delhi government for requisite sanctions, the disclosure statement still remained with the State. So it is either theft or misconduct of public servant, submitted the counsel who also emphasised that the aspect of quid pro quo cannot be ruled out. The bench was told that the high court has, in another case, ruled against issuance of press releases naming Delhi riots case accused until charges have been framed and trial started.
Tanha, in his petition, said he was aggrieved by various publications reporting that he had confessed to orchestrating the 2020 Delhi riots and alleged he was coerced to sign certain papers in the effective custody of police. Tanha, who was arrested in May 2020, was released from jail in June 2021 after the high court granted him bail in the riots case related to larger conspiracy. In its status report filed the case, the police said while the enquiry could not establish how the details of the investigation were shared with media, no prejudice was caused to Tanha in the exercise of his right to free and fair trial. The enquiry officer, during the enquiry could not establish the officers/office from where the details of investigation were shared with the media, the status report said.
It claimed various people from media, who were examined during the process, refused to share the details of their source. Tanha's counsel had earlier told the high court the internal inquiry conducted by the police into the leak was an eyewash. The matter will be heard next on January 23. (PTI)
