New Delhi [India], March 25 : The Delhi High Court on Tuesday asked the counsel for Asif Iqbal Tanha why a legal action was not taken against the accused if his fundamental rights were violated.
"It has been 5 years since the petition was filed. There is nothing left."
The high court is dealing with a petition filed by Tanha in 2020 alleging that sensitive information was leaked to the media. He is seeking the removal of the information related to the investigation from the media.
The petitioner had sought direction against the Delhi Police and private persons. He had sought an inquiry into the leak of sensitive information to the media.
Justice Saurabh Banerjee asked that parties argue on the issue of continuance of the petition.
Asif Iqbal Tanha is an accused in a larger Conspiracy case connected with the North East Delhi riots of 2020.
A petition was filed in 2020 alleging that sensitive information linked to the investigation was leaked to the media channel.
His counsel argued that it is not possible for a person outsider to access the investigation file and get the sensitive information. It is a violation of the fundamental rights of the petitioner.
Justice Banerjee asked, "Who stopped you from taking legal action against the accused? You didn't file an application for registration of FIR. Why have you not filed an application for registration for FIR before an appropriate court?"
The court also said that this court can't ask for registration of an FIR. This court is different.
It was submitted by the counsel that the matter has been taken up after 2023.
The court said that the petitioner has not exercised his right to take legal recourse. After a gap of 5 years, what is left? Why is the petition continuing? Prayers made in the petition have become infructuous.
Tanha is an accused in the larger Conspiracy of Delhi Riots case under UAPA. This case is at the stage of arguements on the charge before the trial court.