The Delhi High Court on Friday refused to entertain a public interest litigation (PIL) seeking a National Investigation Agency (NIA) probe into the Cockroach Janta Party (CJP)-led protests and the “Chalo Sansad” march held on July 20, observing that the decision to entrust an investigation to the NIA lies exclusively with the Central government under the statutory framework.
The Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia held that the Court could not substitute its satisfaction for that of the Central government in determining whether a case should be investigated by the NIA. The Court questioned the maintainability of the petition, asking under what legal authority it could direct an NIA investigation when the statutory mechanism under the National Investigation Agency Act, 2008, had not yet been invoked.
The Court pointed out that the NIA was an investigating agency, not an inquiry agency, and could step in only after an FIR relating to a scheduled offence was registered and the procedure under Section 6 of the NIA Act was followed. The petitioner’s counsel argued that the gravity of the alleged offences justified judicial intervention and submitted that FIRs had already been registered in connection with the July 20 violence.
The Bench, however, reiterated that the legal procedure prescribed under the NIA Act must be followed and declined to examine disputed factual issues such as allegations of road blockades, vandalism and attacks on journalists, observing that such matters fall within the domain of the investigating authorities.
Appearing for the Union government, Solicitor General Tushar Mehta also advised the petitioner to withdraw the plea. The petitioner subsequently agreed to withdraw the PIL. The Court recorded the withdrawal without issuing any directions, while observing that if the petitioner sought investigation by the NIA or any other specialised agency, the appropriate course would be to approach the competent authorities under the statutory mechanism.
The petition had been filed by Satish Kumar Aggarwal, former Vice-President of the Akhil Bharat Hindu Mahasabha, alleging that the July 20 protests were not a genuine student movement but part of a larger conspiracy allegedly backed by anti-national and foreign elements to destabilise the country.
The plea also claimed that the agitation was financed through external funding and sought transfer of all FIRs registered by the Delhi Police to the NIA or another specialised investigating agency.
Aggarwal further sought directions to identify and prosecute those allegedly responsible for violence, vandalism, attacks on journalists, injuries to police personnel, obstruction of emergency services and attempts to march towards Parliament.
The petition also referred to reports concerning climate activist Sonam Wangchuk’s alleged association with certain foreign organisations, contending that these aspects warranted investigation by the competent authorities. Declining to entertain the plea, the High Court left it open to the petitioner to avail of the remedies provided under law.
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