Delhi High Court Dismisses NIA Probe Request for Jantar Mantar Protest

On Friday, the Delhi High Court declined to entertain a petition that called for an investigation by the National Investigation Agency (NIA) into the Cockroach Janta Party's protest and the 'Sansad Chalo' march that took place on July 20. The court emphasized that the authority to mandate an NIA investigation lies with the Central government, not the judiciary. The bench, which included Chief Justice D.K. Upadhyaya and Justice Tejas Karia, stated that it could not impose its own judgment in place of the government's satisfaction regarding the necessity of such an inquiry. The judges made it clear that they could not substitute their own views for those of the Central government when determining the need for an investigation by the NIA.

The court's remarks came during discussions about the petition, which sought to direct the NIA or another specialized agency to investigate the events of July 20, which the petitioner claimed were intended to obstruct the functioning of Parliament. The bench noted, "So far as prayers 1 and 2 are concerned, a direction has been sought directing NIA or any other specialized investigating agency to investigate the incident dated July 20, which according to the petitioner was an attempt to block the Parliament House..." This statement highlighted the court's position on the limitations of its authority in matters that fall under the purview of the executive branch of government. Solicitor General Tushar Mehta, representing the central government, suggested that the petitioner should consider withdrawing the plea rather than continuing with it. He remarked, "My lords may not record all this... If I were the petitioner, I would have withdrawn this... Mr. please withdraw the petition," indicating that the case may not have substantial grounds for further legal pursuit.