The Delhi High Court has declined to order a National Investigation Agency (NIA) probe into the 'Sansad Chalo' protest that erupted over the alleged NEET exam leak. The bench, while hearing a petition, clarified that the NIA is an investigating agency and not an inquiry body, and its jurisdiction under Section 6 of the NIA Act mandates a formal First Information Report (FIR) and a subsequent decision by the central government before any probe can be initiated.
Court's Rationale
The court observed that the petitioner's demand for an NIA inquiry did not meet the statutory requirements. Under Section 6, the NIA can only investigate scheduled offences after the government issues a notification following an FIR. Without these steps, the court cannot direct the agency to act as a fact-finding commission. The bench noted that the protest, though significant, does not automatically warrant an NIA investigation unless the legal criteria are satisfied.
Background of the Sansad Chalo Protest
The 'Sansad Chalo' protest was organized by students and activists alleging irregularities in the National Eligibility cum Entrance Test (NEET) for medical admissions. Participants marched towards Parliament demanding a thorough investigation into the leak and subsequent malpractices. The protest gained traction with support from various political groups, including the Cockroach Janta Party, which filed the petition seeking court-monitored NIA probe.
Legal Implications
The ruling sets a precedent that courts cannot bypass established legal procedures by assigning investigative agencies to conduct inquiries outside their mandate. Legal experts suggest that the decision reinforces the distinction between investigation and inquiry roles. The petitioner may now approach the appropriate authorities to file an FIR, which could then trigger a government decision on an NIA probe. The NEET leak matter continues to be a contentious issue, with students awaiting remedies from the judiciary and examination authorities.
