North East Delhi riots accused Asif Iqbal Tanha told the Delhi High Court on Wednesday his alleged disclosure statement in the case pertaining to the “larger conspiracy” behind the violence, which was in the custody of the city police, was leaked to the media because of an act of theft or misconduct of a public servant.
Tanha, who moved the high court in 2020 against certain media houses disseminating information about his alleged admission of guilt before cognizance was taken by the trial court, submitted before Justice Anup Jairam Bhambhani that in the absence of any authorised release about his disclosure statement by the Delhi Police the leak amounted to commission of a cognizable offence but the authorities took no action.
It is an admitted fact that there was leakage and no information was shared officially, Tanha’s lawyer said, adding he was not accusing any particular officer.
Senior counsel Siddharth Aggarwal, representing Tanha, submitted that his alleged disclosure statement, whose admissibility was also under question, was “touted as truth to unsuspecting public” and vilified an accused who is yet to be tried.
The Delhi police said it was also aggrieved by the leak and a vigilance inquiry was ordered to look into the incident but the “source” could not be traced on account of the privilege of “source protection” granted to journalists.
Aggarwal claimed in the present instance, the “source is the police” and asserted the obligation of State to protect the right of an accused cannot not breached.
“There are journalists who are in jail because their sources are not that protected. Word for word the same disclosure statement (that was leaked) was filed by them (later in the charge sheet),” he said.
Aggarwal said the petitioner has prayed for fixing responsibility and accountability on the media and the investigating agency as he contended that his alleged disclosure statement should not have been published.
“Does the right to know of the public and right of the press to disseminate extend to predefining my guilt?” the lawyer asked.
“Even remand application not given but media has a copy of my disclosure statement... This is the investigation of the century, the most important investigation done in a very long time,” the senior advocate said.
He said the investigation in the case was still underway and the right of the accused and right of the public to know has to be balanced on the test of fairness.