A Delhi court on Friday asked the director of the Central Bureau of Investigation to explain how the confessional statement of Swami Aseemanand, an accused in the Ajmer dargah blast case, was leaked to the media.
"Issue a notice to the director of CBI to give a report regarding the circumstances under which the copy of the confessional statement has been leaked to the media," said Additional Chief Metropolitan Magistrate Sanjay Bansal.
The court asked the probe agency to file its response on February 15. The court's order came during the hearing of an application filed by Rashtriya Swayamsevak Sangh functionary Devendra Gupta, seeking registration of an FIR against CBI and 'Tehelka' magazine under various penal provisions for the 'deliberate' leakage of Aseemanand's confessional statement.
The confession was recorded in Delhi by a metropolitan magistrate on December 18 last year in an in-camera proceeding.
The court was to pronounce its order on the application by the RSS functionary, seeking registration of the FIR against CBI's Additional Superintendent of Police T R Balaji and the owner, publisher and editor of Tehelka magazine.
"I am of the view that it is most appropriate that a report be called from CBI as to how the said confessional statement has been leaked to the media. Therefore, I defer the order on the (Gupta's) application," the ACMM said.
The application filed by Gupta through his counsel Anupam S Sharma on January 31 sought registration of FIR saying the leakage was "deliberate, intentional and malicious with the sinister motive to insult and interrupt the judicial proceedings".
Gupta, against whom a chargesheet has been filed by Rajasthan's Anti-Terrorist Squad, is now lodged in the central jail, Ajmer
"The media coverage indicates a well-defined leakage that is authored with a design to insult the judicial process and investigation. The leakage of the court record has opened an additional fora of media trial to prejudice the minds of the court in violation of the rights of the accused in custody," Gupta had submitted in his application.
Gupta had said Aseemanand's confessional statement was leaked by the CBI to Tehelka magazine in violation of law.
He had sought the prosecution of the CBI officer and others under the IPC, dealing with criminal breach of trust, disobeying the law and destruction of evidence.
The RSS functionary claimed that the leakage of the statement will not only cause 'prejudice' to his right to fair trial but had also given a handle to neighbouring Pakistan to press for their improper demands.
The Rajasthan Anti-Terrorism Squad has already filed a charge-sheet in the Ajmer dargarh blast case in the court of additional chief judicial aagistrate, Ajmer against Gupta, Lokesh Sharma, Chander Shekhar Lave, and Sandeep Dange and Ramji Kalsangre (both absconding) in the case.
The blast in the premises of the dargah of Khawaja Moinuddin Chishti in 2007 had left three persons dead and 15 others injured.
Aseemanand, 59, prime accused in Hyderabad's Mecca Masjid blast case, in his recent confessional statement had said he and several other Sangh activists had a direct role in Malegaon, Samjhauta Express, Ajmer and Mecca blasts.