HC restrains Delhi Police from issuing statement on Pinjra Tod activist’s case

Justice Vibhu Bakhru’s order read: “The cases concerning communal riots are undoubtedly sensitive cases. This court is also informed that FIRs filed in such cases are not being publicly disclosed. In the circumstances, this court considers it apposite to direct the respondent not to issue any further communication naming any accused or any witness till the charges, if any, are framed and the trial is commenced.”

Justice Bakhru passed the order on Kalita’s petition, seeking directions to the Delhi Police not to leak allegations about her to the media while investigation was pending. The court had on June 10 restrained Delhi Police from “issuing any statements or circulating information regarding allegations and evidence allegedly collected” against Kalita to any person, including the media or on social media.

She had in her plea also sought directions to the police to “forthwith withdraw all allegations” contained in a June 2 “brief note” circulated to the media.

Justice Bakhru, observed, “… this court is unable to accept that the said police communication violates the fundamental rights of the petitioner (Kalita) or provisions of any law. The question whether the respondent (Delhi Police) is eventually able to establish their allegations beyond any reasonable doubt is a matter for the trial court to consider after a due trial.”

It further observed that “the petitioner had also prayed that respondent be refrained from issuing any further statements till the pendency of the trial”.

“Mr Lekhi (ASG Aman Lekhi) had submitted that the response of the police has been measured and, therefore, they have only issued one note in respect of this case, and this would also establish that they are not running a campaign to malign the petitioner. The impugned note has been justified as having been issued at the time of filing of the chargesheet. Thus, in normal course, there would be no necessity of issuing any further communication till the final outcome of the case,” it observed.