Restrain Independent Fact-Finding Bodies, NGOs From Giving Any Reports On FIRs, Matters Pending Before Courts: Centre To Delhi High Court

Coming out in support of a petition which challenges the reports of independent fact-finding committees on the Northeast Delhi riots, the union government has told the Delhi High Court that reports published by any "private/extra-judicial body" are liable to be declared null and void.

The Centre has also said that such "private/extra-judicial tribunals" ought to be restrained in future from giving any fact-finding reporting touching the subject matter of FIRs or proceedings pending before a criminal court of competent jurisdiction.

While particularly naming Amnesty International and Greenpeace, the Centre has said that, "interference of such organisations, thus in the respectful submission of UOI in the criminal law dispensation of the country has far reaching ramifications and as such cease and desist orders, for such proscribed foreign organisations, from interfering in the domestic affairs/ criminal justice system are liable to be passed."

The government has argued that the petition raises "a vital question of law of public importance". A "growing practice" has been witnessed in recent times where pursuant to commissioning of an offence, "a motivated/malicious/sinister device is created by certain vested interest individuals, private organisations, NGOs etc.", to give the offence "political/communal flavour" and to discredit the statutory investigations, the Centre has claimed.

The Centre has particularly referred to what it has termed as "Naxal cases" or cases wherein "mostly, two different religious communities or castes are involved and where such social or political unrest can be created by supporting one community or caste".

It has also argued that "biased reports" prepared by private and extra judicial commissions are “anathema to the administration of justice” and are liable to be quashed and set aside.

The government has said that such biased reports are also circulated widely in public domain through social media websites, by laying special emphasis on the name and positions held by the persons heading such commissions and are “titled on the name of the person with former's designation” to give legitimacy to them.

“Based on the fake, false or half true facts presented before it, these 'private and extrajudicial commissions' enters into a, so called, process of collecting and recording evidences to give it a façade of statutory inquiry or investigation and after conducting such exercise comes out with a completely biased report which in most of the cases is found to be report acting as a cover-up to the offence and portraying real accused as victims of the crimes and real as the accused of crimes,” the affidavit says.

The response was filed in September 2022 by the Under Secretary of the Ministry of Home Affairs in response to a petition moved by Advocate Dharmesh Sharma, who has sought quashing of the report published by the Fact Finding Committee constituted by Delhi Minorities Commission (DMC).

It also seeks setting aside of other reports published by Human Rights Watch, Citizens and Lawyers Initiative, Amnesty International India and an inquiry panel set up by "Constitutional Conduct Group.”

The Centre has said that in most of the cases, it is found that such reports are circulated to “compel the general gullible public to form an opinion” because a large section of public is unaware of distinction between a statutory inquiry and the one undertaken by private commissions.

Seeking quashing of the reports in question, the Centre has submitted that the reports have completely ignored that the Delhi Police acted in “a fair and impartial manner”, registered more than 750 FIRs and that three SITs were constituted for ensuring "fair and impartial investigation" of the cases.

It has been submitted that the tone and tenor of the reports have “tried to put a biased and selective narrative to sway public opinion in favour of a particular community.”

The response states that the conclusions of such reports can impact fair decision of a case and are thus required to be quashed, set aside and to declare non-est void.

Questioning the findings of report prepared by DMC, Centre has said that the fact finding committee was constituted to send a wrong message against the "lawful actions" of Delhi Police.

“Aperusal of the DMC Report would reveal the tone, tenor is writ at large with bias, pre-mediated conclusions, irresponsible statements, unverified findings which have the potential to create a communally charged environment…,” the reply reads. 

The response further states that the reports which have been published after conducting investigations “based on extraneous material and clear bias” are not only without any sanction of law but also impinge on fundamental rights of the victims of free and fair trial.

It adds that the DMC’s report is silent on the "comments" of Umar Khalid and Sharjeel Imam or the “provocative actions” of the Jamia Coordination Committee or Bhim Army which “laid siege and blocked of major arterial roads of the national capital in the name of protests.”

It has also been stated that the role of non- governmental organisations and other affiliated bodies, “who are either controlled and sponsored by international bodies” raise a serious suspicion as to the motive behind their interference.

The matter was today listed before a bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad. However, the court transferred it to a division bench headed by Justice Siddharth Mridul which is seized of similar bunch of pleas.