Delhi Riots: Another High Court Judge Recuses From Hearing Asif Iqbal Tanha’s Case Against Zee News

After Justice Anup Jairam Bhambhani, another judge of the Delhi High Court has recused from hearing a plea moved by Asif Iqbal Tanha against leak of his alleged confession statement to media in the larger conspiracy relating to 2020 North-East Delhi riots.

Justice Amit Sharma today recused himself from hearing the matter and listed it for hearing on April 24, subject to orders of Chief Justice Satish Chandra Sharma. Justice Amit Sharma was appointed as additional judge last year and became a permanent judge last month.

At the outset of the hearing, Justice Sharma asked the Delhi Police if the chargesheet in the matter pertains to the one investigated by the Special Cell.

As Special Public Prosecutor Amit Prasad responded in the affirmative, Justice Sharma said: “This will have to be listed before another bench. List before another bench subject to orders of the Hon’ble Chief Justice on Monday.”

Similarly, Justice Bhambhani on April 12 had recused from the matter in the “larger interests of the overall credibility of the justice system.”

Justice Bhambhani had earlier hinted at his recusal after News Broadcasters & Digital Association (NBDA) and News Broadcasters Federation (NBF) filed intervention applications as they apprehended that a decision in the case may lead to registration of FIR against journalists and also have an impact on the question of disclosure of sources. Before his elevation as a judge of the High Court, Justice Bhambhani practiced in media law and also had represented NBDA.

“Be that as it may, after giving its anxious consideration to the matter, what prevails with the court is that no act on the part of a court must in any manner have a deleterious impact on the credibility of the justice system. Regardless of the view that this court may hold in relation to the intervention applications filed, that view must yield to the view which better subserves to preserve the credibility of the system, which credibility derives not just from fairness in fact, but equally importantly, from fairness in perception,” the judge had said in the order.

Tanha had filed the petition against various news reports which claimed he had allegedly confessed to organizing and inciting the Delhi riots. Zee News is one of the respondents in the case.

The plea pending before the court seeks direction against media houses for taking down sensitive information, allegedly leaked by police to them, in respect of the investigation.

Previously, Delhi Police had informed the court that during enquiry, the Enquiry Officer could not establish the officers or office from where the investigation details were allegedly shared with media. It also said that the Enquiry Officer had examined various media personnel who refused to share details of their sources from where they had accessed investigation related documents.

Title: Asif Iqbal Tanha v. State & Ors.