CM Attack Case: Delhi Court Directs Police to Provide FIR Copy to Accused Despite ‘Sensitive Case’ Claim
- Shivani Garg
- 26 September 2025
Introduction
On September 25, 2025, a Delhi court directed the police to provide a copy of the FIR to Sakariya, the accused in the assault and attempted rape case against Delhi Chief Minister Rekha Gupta. Despite the police labeling the case as “sensitive,” Judicial Magistrate First Class (JMFC) Gaurav Goyal of the Tis Hazari Courts ruled that denying the accused access to the FIR would violate principles of natural justice and due process.
Background
The alleged incident took place on August 20, 2025, when 41-year-old autorickshaw driver Sakariya gained entry into CM Rekha Gupta’s residence in Delhi under the pretense of filing a grievance. He allegedly attacked the Chief Minister and was subdued by security personnel before being handed over to the police. He was arrested along with his companion, Tehseen Syed, on charges including attempted murder, assaulting a public servant, and obstructing duty.
Earlier, on September 22, their judicial custody was extended until October 6, 2025. The attack raised serious concerns over security lapses at the Chief Minister’s residence.
Key Developments
The accused, Sakariya, requested a copy of the FIR.
Delhi Police opposed, citing the case’s classification as “sensitive.”
The court ruled that access to the FIR is a right of the accused, as established by the Supreme Court.
Magistrate Gaurav Goyal directed that a copy of the FIR be provided within 24 hours.
Safeguards were imposed: the accused is barred from sharing, distributing, or publishing the FIR’s contents without court permission.
Issues
Whether police can withhold an FIR from the accused by labeling a case as “sensitive.”
Balancing investigative confidentiality with the rights of the accused.
The adequacy of existing safeguards to prevent misuse of sensitive case information.
Defense vs. Prosecution Arguments
Defense: Argued that withholding the FIR violated natural justice and Supreme Court precedent. The accused cannot prepare a defense without access to the FIR.
Prosecution: Claimed disclosure would compromise the investigation but conceded FIR could be shared under confidentiality conditions.
Judicial Reasoning
The court emphasized that providing the FIR is not a discretionary choice but a statutory and constitutional requirement of criminal jurisprudence. While upholding the accused’s right to access the document, the Magistrate also sought to protect confidentiality by restricting its wider circulation.
Current Status
The accused will receive a copy of the FIR within 24 hours.
Judicial custody of Sakariya and Tehseen Syed continues until October 6, 2025.
The case will move forward towards trial preparation.
Conclusion
The Delhi court’s order highlights the judiciary’s role in safeguarding due process even in highly sensitive cases. By ensuring FIR access with confidentiality restrictions, the court balanced the accused’s rights with investigative concerns. This ruling reaffirms that labeling a case “sensitive” does not override fundamental legal protections.
