Delhi HC Rejects NIA Probe Plea for 'Sansad Chalo' Protest

The Delhi High Court on Friday refused a public interest litigation seeking a National Investigation Agency (NIA) probe into the July 20 'Sansad Chalo' protest. The protest was held over the alleged NEET paper leak.

The court made it clear that the decision to hand over an investigation to the NIA rests with the Central Government and not the judiciary. A division bench of Chief Justice DK Upadhyaya and Justice Tejas Karia observed that under Section 6 of the National Investigation Agency Act, 2008, the NIA can be directed to investigate a case only after the Central Government records its satisfaction.

The bench said the court cannot substitute its own satisfaction for that of the Centre while deciding whether an NIA investigation is warranted. During the hearing, the bench told petitioner Satish Kumar Aggarwal that his request for an NIA investigation could not be granted by the court.

The court further noted that if a crime has been reported, it is for the competent authorities to decide whether it should be investigated by the state police or referred to the NIA. The judges emphasised that the legal mechanism for such a referral is already available under the law.

Solicitor General Tushar Mehta, appearing for the Central Government, urged the court to issue notice in the matter, saying it raised issues in the realm of public law. However, the bench declined to do so, stating that its refusal to entertain the PIL did not restrict the government's powers.

The court remarked that if the Centre wished to refer the investigation to the NIA, it was free to do so under the existing legal framework and should act as required by law. Following the court's observations, the petitioner withdrew the PIL.

The plea had been filed by Satish Kumar Aggarwal, a former vice president of the Akhil Bharat Hindu Mahasabha. It alleged that the July 20 agitation was part of a larger conspiracy involving foreign-funded organisations and political actors, and sought an NIA investigation into the matter.

The 'Sansad Chalo' protest was a significant event, with many participants gathering to express their concerns over the alleged NEET paper leak. The protest was largely peaceful, but there were some reports of disruptions and clashes with security personnel.

In the context of the NIA's role in investigating such cases, the court's decision highlights the importance of the Central Government's discretion in deciding which cases to refer to the agency. The NIA is empowered to probe only scheduled offences under the law, and the court cannot compel the Centre to involve the agency in a particular investigation.

The decision also underscores the need for the competent authorities to decide whether a case should be investigated by the state police or referred to the NIA. The legal mechanism for such a referral is already available under the law, and the court's refusal to entertain the PIL does not restrict the government's powers.

In conclusion, the Delhi High Court's decision to refuse the NIA probe plea for the 'Sansad Chalo' protest is a significant development in the context of the Central Government's discretion in deciding which cases to refer to the agency. The decision highlights the importance of the legal framework and the need for the competent authorities to decide which cases to investigate and how to proceed with such investigations.

The implications of this decision are far-reaching, and it will be interesting to see how the Central Government responds to the court's observations. The decision may also have implications for future protests and demonstrations, and how the authorities respond to such events.

Overall, the Delhi High Court's decision is a significant development in the context of the NIA's role in investigating cases and the Central Government's discretion in deciding which cases to refer to the agency. The decision highlights the importance of the legal framework and the need for the competent authorities to decide which cases to investigate and how to proceed with such investigations.