The Delhi High Court has granted permission for the withdrawal of a Public Interest Litigation (PIL) requesting the National Investigation Agency (NIA) to investigate an alleged security breach near Parliament during the “Sansad Chalo” protest on July 20 related to the NEET paper leak. The court noted that as per the National Investigation Agency Act, 2008, the decision to initiate an NIA probe rests with the Central government.
During the proceedings, the court emphasized that the NIA functions as an investigating agency and not an inquiry body, and its jurisdiction can only be invoked following the procedures outlined in the NIA Act. The court highlighted the necessity of an FIR before the NIA can conduct an investigation, emphasizing that the decision to involve the NIA is solely within the Central government’s purview.
The petitioner’s counsel argued that the case’s seriousness under Section 6(3) of the NIA Act warranted a specialized agency’s investigation due to the protest’s disruptions and violations of fundamental rights. However, the court maintained that the Central government holds the authority to determine if a case merits NIA investigation and declined the petitioner’s request for a police status report, citing ongoing investigations.
Solicitor General Tushar Mehta, representing the Centre, suggested that if the petitioner sought investigation by another specialized agency, appropriate action could be taken. Nevertheless, the court reiterated that the choice of the investigating agency falls under the jurisdiction of competent authorities in compliance with the law.
