Delhi Riots: High Court Restrains Trial Court From Passing Final Orders On Framing Of Charge Till Sept 23

The Delhi High Court has temporarily restrained the trial court, hearing the Delhi Riots larger conspiracy case, from passing any final orders in the matter.

Single bench of Justice Neena Bansal Krishna made the direction while hearing a petition filed by Devangana Kalita, one of the accused in the case, seeking certain videos of the CAA-NRC protests and chats of WhatsApp groups gathered by the Police in two Delhi riots cases against her, including the UAPA case alleging a larger conspiracy behind the violence.

It is Kalita's case that the videos have been shot by someone commissioned by the Delhi Police on the basis of a tender. Her counsel, Advocate Adit S. Pujari, submitted that the videos will demonstrate her innocence and also the fact that she was indulging in peaceful protests.

Meanwhile, the Sessions Court has commenced arguments on charge.

Pujari today submitted that the police agency has not supplied the list of unrelied documents to them. Even the CCTV footage of the protest, which the prosecution is relying upon, has not been supplied, he told the Court.

"If CCTV footages have been relied upon by you, why has it not been provided?" Justice Bansal asked the State.

At this juncture, Special Public Prosecutor Amit Prasad sought some time, stating that he did not have the file with him. The Court thus posted the matter for hearing on September 23 and ordered, "till then trial court may continue hearing on framing of charge but no final order be passed."

Kalita was granted bail by the Delhi High Court in June 2021, along with co-accused Asif Iqbal Tanha and Natasha Narwal. The order was upheld by the Supreme Court in May as the Delhi Police's challenge was dismissed. In August, the trial court refused to provide entire CCTV footage pertaining to the North-East Delhi area and WhatsApp chats of groups of police officials to Kalita in the UAPA case.

FIR 59 of 2020 is being probed by Delhi Police's Special Cell. The case has been registered under various offences under the Indian Penal Code, 1860 and the Unlawful Activities (Prevention) Act, 1967.

The accused in the case are Tahir Hussain, Umar Khalid, Khalid Saifi, Isharat Jahan, Meeran Haider, Gulfisha Fatima, Shifa-Ur-Rehman, Asif Iqbal Tanha, Shadab Ahmed, Tasleem Ahmed, Saleem Malik, Mohd. Saleem Khan, Athar Khan, Safoora Zargar, Sharjeel Imam, Faizan Khan and Natasha Narwal.

Title: Devangana Kalita v. State