The Delhi High Court on Friday declined to entertain a Public Interest Litigation (PIL) seeking directions to initiate a National Investigation Agency (NIA) probe into the July 20 “Sansad Chalo” protest related to the alleged NEET paper leak.
A division bench comprising Chief Justice DK Upadhyaya and Justice Tejas Karia observed that under Section 6 of the National Investigation Agency Act, 2008, the NIA can take up an investigation only after the Central Government is satisfied that the matter warrants such action.
The court noted that it cannot replace or override the government’s discretion in this regard.
The Delhi High Court observed that the decision to refer the matter to the NIA rests with the Central Government under the NIA Act and cannot be substituted by the court.
Chief Justice DK Upadhyaya told the petitioner that the Centre may initiate an NIA probe either on its own or based on a report by authorities, while the court cannot impose its own satisfaction in place of the government’s decision.
The court also told Solicitor General Tushar Mehta that it was not restricting the Centre’s powers, adding that the government could refer the matter to the NIA if it deemed appropriate under the existing legal mechanism.
The bench allowed the petitioner to withdraw the PIL seeking an NIA probe into the July 20 “Sansad Chalo” protest.
The plea, filed by Satish Kumar Aggarwal, alleged a larger conspiracy involving foreign-funded organisations and political actors.
The petitioner’s claims of violence, property damage and public disruption were noted, but the court said authorities have legal mechanisms in place to address such issues.
