Delhi High Court rejects NGO Telecom Watchdog plea to quash FIR for using government documents in PIL

The Delhi High Court recently dismissed a plea filed by NGO Telecom Watchdog seeking to quash an FIR accusing it of unlawfully obtaining government documents forming part of a public interest litigation (PIL) petition the group filed [Telecom Watchdog v Union of India & Ors]. .A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela also refused to initiate criminal contempt of court proceedings against the Delhi Police for summoning the non-profit’s office bearers. The Court held that the application was not maintainable, as the original PIL in which it was filed had already been disposed of in August 2024.“Instead of instituting fresh proceedings, the instant miscellaneous application has been moved in a writ petition, which stood disposed of way back on 09.08.2024 and, therefore, keeping in view the law pertaining to the doctrine of functus officio as discussed above, we have no hesitation to hold that the instant miscellaneous application is not maintainable,” the Court said. .The controversy stems from an FIR registered in 2021 after the NGO submitted some Department of Telecommunications (DoT) documents in support of a 2020 PIL before the Delhi High Court challenging alleged irregularities in awarding Telecom contracts. The FIR invoked offences of theft, dishonest receipt of stolen property and criminal conspiracy. The group then filed a contempt plea in court on which notices were issued. It was informed that the police did not proceed further in relation to the FIR, and the PIL was withdrawn in August 2024. The group argued that fresh summons have been issued to its office bearers in October and November 2025, after years of inactivity. It said that summons are intended to pressure the organisation and that accessing documents in the public interest should not trigger criminal proceedings.Further, it stressed that police notices amounted to criminal contempt and an attempt to intimidate a public-interest petitioner.However, the Court said the NGO can challenge the FIR in separate proceedings and dismissed the application. .Advocates Prashant Bhushan, Pranav Sachdeva, Sanyam Jain, P Rohit Ram and Khushboo Singhal appeared for Telecom Watchdog. CGSC Pratima N Lakra with advocate Shaildendra Kumar Mishra represented the Union of India. Standing Counsel (Criminal) Sanjay Lao, Additional Standing Counsel (ASC) Sanjeev Bhandari, Additional Public Prosecutor NK Jha and advocate Aryan Sachdeva appeared for the State. Advocates Vikas Kumar and Ayush Kapur appeared for Respondent No. 2. .[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.