Delhi High Court Judge Hints At Recusal In Asif Iqbal Tanha’s Case Against Media After NBDA Seeks Impleadment

Delhi High Court judge, Justice Anup Jairam Bhambhani on Friday hinted at his recusal from hearing Asif Iqbal Tanha's plea against leak of his alleged confession statement to media in the larger conspiracy of 2020 North East Delhi riots, after News Broadcasters & Digital Association (NBDA) filed an application seeking impleadment in the matter.

As the proxy counsel appearing for NBDA sought adjournment due to non-availability of the main counsel, Senior Advocate Siddharth Agarwal appearing for Tanha vehemently opposed the impleadment application, calling it a “dirty trick.”

“This is the dirty tricks department at its worst. If we don’t stand up for this now then we are making it far too easy for people to do this,” he said.

Agarwal contended that the application has been filed with an ulterior objective of making the judge recuse from hearing the case and questioned the “circumstances of filing of the application.”

“I can’t carry on with this matter. Not because of…you may have a point. I have no particular affinity, connection, dislike or anything for any matter but I have to recuse,” Justice Bhambhani said.

However, Agarwal persuaded the court to continue hearing the matter and decide on the legal issue of bias before deciding to recuse.

“We are at crossroads of very different kinds. This is an attempt at overreaching the institution. I have no apprehension of bias. Matter has been heard. This is not a situation of direct bias,” he said.

As Agarwal said that he would like to file a response in the matter, Justice Bhambhani orally said: “This is a chicken and egg situation for me. I can’t even decide this application.”

“There are matters where I’ve given specific instructions to the Registry that don’t list these matters before me. It’s about the thing, the phrase that justice should not only be done but it must also be seen to be done. Whether I decide for or against you, there will always be that cloud….My dilemma is I can’t even say 'yes' nor even can say 'no' on this. Even that will have a call on the matter where I’ve past association,” Justice Bhambhani added.

Agarwal said that the manner in which the impleadment application is filed is “nothing short of criminal contempt.”

“Law says this is criminal contempt; when an application is evidently moved to achieve an ulterior objective,” he said.

Justice Bhambhani responded: “If this organization had come before me, I would have recused on day one.”

Since the counsel appearing for NBDA was not available, the court renotified the matter for March 15, the date already fixed.

Tanha had filed the petition being aggrieved by various news reports stating that he had allegedly confessed to organizing and inciting the Delhi riots. Zee News is one of the respondents in the case.

The plea seeks direction on media houses to take 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.

Before his elevation as a judge of the High Court, Justice Bhambhani practiced in media law.

"He practiced before the Supreme Court of India, the Delhi High Court and the subordinate courts, where he conducted matters relating to civil and criminal defamation, right to privacy, media regulation and self-regulation, breach of parliamentary privilege, broadcasting and telecom regulation, juvenile justice, copyright law, narcotics law, education law, constitutional validity of criminal defamation, contempt of court, death penalty and commercial disputes. He also argued matters in other High Courts across the country," according to his profile on Delhi Judicial Academy website.