HC calls allegation in police affidavit on Pinjra Tod activist’s plea ‘unwarranted

The Delhi high court on Thursday termed as “unwarranted” the allegations in the police affidavit filed in response to a plea by a Pinjra Tod group woman member, arrested in relation to communal violence in Delhi during anti-CAA protests, accusing the agency of leaking certain claimed evidence against her to the media.

“The allegations in the affidavit were unwarranted in view of the limited scope of the petition,” Justice Vibhu Bakhru said. The court said the police cannot say that since the petitioner wanted a media trial therefore it was putting out information in the media.

“You cannot support a media trial. That cannot be the approach of the police. There has to be some restraint that they (police) have to follow. Your affidavit goes way beyond..,” the judge said. The court said that multiple allegations have been made in the affidavit which go beyond the scope of the petition and suggested that it be withdrawn.

It said that in the instant matter it was only going to examine under what circumstances the police can issue official communiques or press notes about a case and in what manner. The court said it was not going to prohibit police from issuing any official communiques in any case. However, if the affidavit remains on record, without any officer taking responsibility for the allegations made therein, it will comment upon its contents, the court said.

“We are not sure the facts (in the affidavit) have any basis. Some of the allegations have been made irresponsibly,” the court said. Additional Solicitor General (ASG) Aman Lekhi, appearing for the police, said the statements in the affidavit were made in response to the allegations in the petition that there has been a witch hunt against the petitioner - JNU student Devangana Kalitha.

The court said every accused disputes the case against him/her and makes allegations that the investigation and prosecution was biased. “However, this is not the kind of affidavit expected from the police,” the court said.

Subsequently, ASG Lekhi said he will not rely upon the affidavit and will confine his arguments to the point of law. The court, thereafter, listed the matter for hearing on July 15.

In the affidavit, Delhi Police said Kalitha herself started a ‘media trial’’ in her favour to gain sympathy and generate public opinion in her favour. The affidavit was filed in response her plea alleging that the probe agency was selectively leaking, to the media, certain information regarding allegations against her and the evidence allegedly collected against her.

The high court had earlier issued notice on her plea to the Delhi Police seeking its response. It had also passed an interim order restraining it to share any information related to the case with a third party. On Thursday, the court said the interim order will continue to operate till the next date of hearing.

◗ HC SAID that the police cannot say that since the petitioner wanted a media trial therefore it was putting out information in the media. The court said that multiple allegations have been made in the affidavit which go beyond the scope of the petition and suggested that it be withdrawn