Make sure it is not brushed under carpet: Delhi High Court seeks report from Police on enquiry into leak of alleged confession of riots accused

The Delhi High Court today sought status report from Police on its vigilance enquiry into the alleged confession statement of a Delhi riot accused being leaked to media from the case diary. (Asif Iqbal Tanha vs State & Ors)

. The Court also directed Delhi Police to state the further steps proposed to be taken in this regard.

. A Single Judge Bench of Justice Vibhu Bakhru told Delhi Police,

. "Make sure it is not something brushed under the carpet.. it can't be said the document has not been leaked.."

. The Court was hearing a petition filed by accused, Asif Iqbal Tanha asserting that the police officials leaked his purported disclosure statement, which was recorded during the investigation, to the media before filing of a chargesheet.

. Tanha has maintained that the he was forced to sign papers in police custody and that the statement had no evidentiary value.

. In response to the petition, the Delhi Police had informed the Court that a vigilance enquiry had been initiated into the incident.

. Counsel for Tanha, Advocate Siddharth Aggarwal today urged the Court to take stock of the enquiry which was ordered over a month ago.

. In response, Counsel for Delhi Police, Advocate Amit Mahajan said that the enquiry was over and a final report was awaited.

. Further asserting that undoubtedly, "theft of document" had taken place, with or without the connivance of a police official, Aggarwal also argued that criminal investigation should be initiated in the present case.

. Raising concerns of media investigation and media trial, Aggarwal also contended that the Zee News broadcast on the leaked document was in violation of the Programme Code.

. Zee News had aired a broadcast claiming that Tanha has confessed to orchestrating the Delhi riots.

.No sealed cover: Delhi HC grants time to Zee News to disclose source of alleged confessional statement of Delhi riots accused. During the course of the hearing, the Court observed that although Tanha had sought directions to take down the broadcast videos, it was a relief that "doesn't work" in view of the existence of several mirror videos.

. Stating that the concern was that trial and rights of accused are not hampered, the Court asked Aggarwal to propose other ways to address grievances of this nature.

. Agreeing with the Court, Aggarwal submitted that once a broadcast was made, it was impossible to undo the damage caused by it.

. "Penalty and punishment is the only way for deterrence .." , he recommended.

. Aggarwal thus pressed that specific guidelines be passed by the High Court on the issue.

. Aggarwal further argued that even in the post-chargesheet stage, such a leak and broadcast could not have been done.

. The Court, however, responded,

. "It is a double-edged sword. In some cases, reporting is necessary. Trial has to be open unless required otherwise.."

. " But not in the realm of studios ", Aggarwal remarked.

. The matter would be heard next on January 13.

Make sure it is not brushed under carpet: Delhi High Court seeks report from Police on enquiry into leak of alleged confession of riots accused

Aditi Singh

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