Disclosure statement leak: Delhi HC directs police to submit vigilance report in a week

New delhi: Leaks of disclosure statements of accused are a serious matter and "should not be brushed under the carpet", the Delhi High Court noted on Thursday while directing the Delhi Police to submit its report on the vigilance inquiry into how disclosure statements of activist Asif Iqbal Tanha in a north-east Delhi riots case were leaked to the media within a week.

The directions came from Justice Vibhu Bakhru while he was hearing a plea by Tanha to take down information alleged to be his disclosure statement, as he did not give that statement voluntarily and was coerced to sign in custody and hence inadmissible.

However, as Zee News insisted on not revealing its source for running the story on the purported disclosures, Tanha's lawyer Siddharth Aggarwal submitted, "I am questioning the legitimacy of the publication…the manner in which this document is out in the public domain when it was confidential…this document is admittedly a byproduct of a crime."

He said the affidavit filed by the channel still did not disclose the source of the information.

Earlier, the court had turned down the request of one of the respondents, Zee News, to submit the name of the journalist who allegedly procured the documents in a sealed cover and told the news channel to file an affidavit disclosing the same.

Aggarwal further said that "theft has taken place in connivance with or without someone from the inside," which is a cognizable offence and a criminal investigation must be undertaken for the same.

"There is no question of my so-called confession on an inherently inadmissible document being touted on national television as if this is suddenly what was found to be a product of journalism," he argued while alleging a breach of Programme Code by Zee News and seeking a follow-up on police's inquiry report.

In response, Advocate Amit Mahajan, on behalf of the police, submitted that the vigilance inquiry has concluded and the final report is yet to be filed.

On Aggarwal's arguments, Justice Bakhru remarked that the alleged disclosure statements are already in the public domain and the plea to take down the same "does not work due to the number of mirror images in circulation." "Penalty and punishment is the only way for future deterrence," Aggarwal responded.

On Aggarwal's argument that disclosure statements cannot be even leaked after the filing of a chargesheet, Justice Bakhru said, "It's a double-edged sword…trial has to be open except circumstances say otherwise." "It has to take place in the courtroom and not in the realm of a studio," Aggarwal argued. The matter will now be heard on January 13.