Delhi High Court Hearing PIL Alleging Foreign Funding Behind NEET Exam Leak Protest [Live Updates]
Court: We cannot substitute our satisfaction to satisfaction which is to be recorded by Central Government.
Court: Don’t confuse the issues. See your prayers. It is in respect of issuing direction to NIA to conduct inquiry and investigation etc. That is for authorities to consider if a crime reported has to be probed by State Govt or State Police. So far as your prayer for NIA is concerned, it is for Centre to take a call. It can be suo motu or initiated on report submitted by SHO.
Court: This judgment only summarise law to deal with such situation.
Sinha continues reading the judgment, he says public at large is suffering.
Sinha refers to the case filed in Supreme Court in 2018 against Padmavat movie.
Sinha: Other relevant factors has to be unearthed. For that appointing specialised agency, whether NIA or SIT.
It is satisfaction of Central Government. Can we substitute our satisfaction to satisfaction of Central Govt? Court says
Court: Under sub section 6, Centre can refer matter to NIA suo motu also.
Sinha: FIR has been registered. The situation is affecting pan India. So far as today, situation in Delhi is beyond control.
We are strictly confining matter on legal parameters: Court
Sinha: My submission is it is not scheduled offence. The other offences falling in last line of sub section 3. Gravity of offence.
Court: Whether it is fit case or not has to proceed on twi things. There has to be report and FIR. Thereafter officer in charge will forward information to State which will go to Central Govt. And if Centre finds it as fit case then it can refer matter to NIA. You are asking us to form opinion that this is fit case for NIA investigation. That is job of central government.
Court asks Sinha to go through Section 6 of NIA Act.
Sinha going through the provision.
Sinha: My prayer is NIA or any other specialized agency.
Court: In terms of sec 6 there has to be an FIR. Thereafter whole procedure is prescribed. How can you ask us to first get an inquiry conducted and then ask them to conduct investigation by NIA?
Court: We have seen your prayers. Tell us what is the statutory mechanism for invoking NIA jurisdiction. Take us to the statute. NIA is not an inquiry agency. It is investigation agency. At this juncture if there is FIR then recourse to Sec 6. How do you maintain writ petition?