CJP Protest PIL Withdrawn in Delhi HC After Bench Says Decision on NIA Probe Lies with Centre

The Delhi High Court on Friday permitted the withdrawal of a Public Interest Litigation (PIL) that sought an investigation by the National Investigation Agency (NIA) or another specialized body into allegations of foreign funding and political hijacking behind the recent NEET exam leak protests.

A Division Bench comprising Chief Justice D.K. Upadhyaya and Justice Tejas Karia dismissed the petition as withdrawn, clarifying that deciding whether to transfer a probe to a specialized agency like the NIA falls strictly within the statutory powers and discretion of the Central Government, not the judiciary.

Court Emphasizes Limits of Judicial Powers

During the hearing, the petitioner’s counsel argued that the demonstrations—including the recent "Sansad Chalo" march—had turned violent, resulting in public property damage, road blockades, and injuries to law enforcement personnel. The plea further alleged that fringe political interests and foreign-funded entities were using student agitations as a front to create public anarchy.

However, the Bench remarked that courts cannot assume powers specifically assigned to executive authorities under the National Investigation Agency Act.

"Look at your prayers. You seek directions for an NIA inquiry and investigation. Whether a crime is investigated by the State Police or the NIA is for the competent authorities to decide... We cannot substitute our satisfaction for the satisfaction that the Central Government is required to record under the NIA Act."

The High Court also noted that law enforcement agencies are already cognizant of alleged incidents of vandalism and disruption, and authorities will take appropriate action as dictated by law.

Petition Withdrawn With Liberty

In light of the court's stance and a suggestion from Solicitor General Tushar Mehta to reconsider the plea, the counsel for the petitioner elected to withdraw the filing.

Granting the request, the Delhi High Court dismissed the PIL as withdrawn while granting the petitioner the liberty to approach appropriate administrative or legal forums as provided under statutory law.

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