The Delhi High Court on Friday dismissed a petition seeking a probe by the National Investigation Agency into the youth protests in the national capital and the July 20 march to Parliament over alleged examination irregularities, Live Law reported. The court said that any decision to transfer a case to the agency must be taken by the Union government.
The petition, filed by a former office bearer of the Hindutva organisation Akhil Bharat Hindu Mahasabha, alleged that the protests were part of a “larger conspiracy” involving “external funding”.
On Friday, a bench of Chief Justice DK Upadhyaya and Justice Tejas Karia said that under Section 6 of the National Investigation Agency Act, only the Union government can decide whether a case should be transferred to the agency.
“You are asking us to form an opinion that this is a fit case,” Bar and Bench quoted the court as saying. “This job has been entrusted to the Central government.”
Solicitor General Tushar Mehta, appearing for the Centre, urged the court to issue notice in the matter, saying it involved questions under “public law”, Live Law reported.
However, the court said the government had the authority to take a decision if it considered an NIA investigation necessary.
“If you want to refer investigation to NIA you can do so,” the court said. “We are not curtailing your powers.”
The petitioner's counsel argued that the "gravity of the offence" and the alleged disruptions such as road blockages and Metro station closures, warranted an investigation by a specialised agency.
The court said that it was examining only the legal question before it and would not draw conclusions “merely by going through photos and videos”, Live Law reported.
It also declined a request to direct the Delhi Police to file a status report, noting that first information reports had been registered only a few days earlier and that the authorities were already aware of the allegations.
The plea was subsequently withdrawn.
The protests began on June 6, when the Cockroach Janta Party political campaign began an agitation at Jantar Mantar to demand the resignation of Union Education Minister Dharmendra Pradhan for the alleged mismanagement of national competitive exams.
On Sunday, thousands joined the protest in Delhi after the police forced activist Sonam Wangchuk, who had been on a hunger strike, into hospital. The protests soon spread to other cities.
A march to Parliament on Monday was met with a brutal crackdown by the police. Dozens were injured by police lathis and had to brave tear gas.
The Delhi Police has said it registered 10 first information reports in connection with the Parliament march.
The petition had sought directions for the National Investigation Agency, or another specialised agency, to investigate the protests and take over all FIRs registered by the Delhi Police in connection with the demonstration. It also sought the identification and prosecution of those allegedly responsible for violence, vandalism and obstructing emergency services.
The petition also referred to media reports about Wangchuk’s alleged links to foreign organisations and argued that these claims should be investigated by the competent authorities.
Edited by Tanya Shrivastava.
- Follow updates about the youth protest here.
- Also read: Delhi hospital reports show pellet wounds on journalist covering students’ protests
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