Delhi High Court Allows Withdrawal Of PIL Seeking NIA Investigation

The Delhi High Court on Friday allowed the withdrawal of a Public Interest Litigation (PIL) seeking a direction for a National Investigation Agency (NIA) probe into the alleged security breach attempt near Parliament during the July 20 “Sansad Chalo” protest over the NEET paper leak issue. The court permitted the petitioner to pursue any other legal remedies available under the law.

A Division Bench comprising Chief Justice D.K. Upadhyaya and Justice Tejas Karia observed that the decision to hand over a case to the NIA falls under the statutory framework of the National Investigation Agency Act, 2008. The court noted that the Central government has the authority to decide whether a case should be investigated by the NIA after following the prescribed legal process.

During the hearing, the bench pointed out that the NIA is an investigating agency and not an inquiry body. The court said that the process under Section 6 of the NIA Act requires the registration of an FIR and further action through established procedures before the Central government can consider transferring a case to the agency.

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The petitioner’s counsel, advocate Barun Kumar Sinha, argued that the seriousness of the alleged offences and other factors under the NIA Act justified an investigation by a specialised agency. He claimed that the protest led to road blockages, closure of Metro stations, alleged violations of fundamental rights and other law-and-order concerns.

However, the High Court declined to direct an NIA investigation or seek a police status report, stating that FIRs had been registered only recently and that authorities were already examining the matter. The bench also observed that courts cannot replace the satisfaction of the Central government regarding whether a case requires an NIA probe.

The PIL was filed by Satish Kumar Aggarwal, who alleged that the July 20 “Sansad Chalo” march, organised over the NEET paper leak issue, involved obstruction of public movement, damage to property, attacks on journalists and injuries to police personnel. The plea sought registration of an FIR, a detailed investigation and, if required, transfer of the case to a specialised agency. The court’s order allows the petitioner to explore other legal options while leaving the investigation process to the competent authorities.

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