Delhi High Court Seeks Delhi Police’s Response On Devangana Kalita’s Pleas Seeking Videos Of CAA Protests, Chats Of Police WhatsApp Groups

The Delhi High Court on Thursday issued notice on the petitions filed by Devangana Kalita seeking certain videos of the CAA-NRC protests and chats of WhatsApp groups of police officials in two Delhi riots cases against her, including the UAPA case alleging a larger conspiracy behind the violence.

Justice Amit Bansal directed the Delhi Police to file status report or reply to the petitions and listed the matter for further hearing on January 17, 2024.

In the interim, Kalita has also sought stay on the arguments of charge in both the riots cases (FIR 49 of 2020 and FIR 50 of 2020).

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.

Pujari submitted that the videos forms part of the chargesheet filed by the Delhi Police against Kalita in both the cases.

“They have identified me on the basis of the videos in [one of the cases], the case is murder against me. That I was part of a group who murdered one of the rioters. I am said to be a part of persons protesting under Jafrabad Flyover. From that video, selective photos have been taken. The videos are not provided to me,” Pujari said.

He added: “I am saying, prior to arguments on charge or discharge, please give me the videos. The video will demonstrate that during that time, during the 22-26 February [2020], we were peacefully protesting. The stone pelting began from the other side from where the riots began. But they say we don’t want to produce the videos. Four years have gone by, they claim to be under the garb of further investigation and don’t want to provide videos.”

Furthermore, Pujari also contended that the supply of videos is essential as Kalita wants to exercise her valuable right of getting discharged from the cases.

“The logical reasoning is quite simple. The videos exist. I say, it is exculpatory. Please provide the videos,” he added.

On the other hand, SPP Madhukar Pandey representing the Delhi Police raised a preliminary objection on the maintainability of the petitions. He submitted that Kalita could not have approached court under writ jurisdiction when there are other efficacious remedies available to her.

“They have to first show it is maintainable. Once it is held, then we will proceed on merits,” the SPP said, while claiming that Kalita has approached court after a delay of about one year.

The SPP further said: “She is accused not because of the videos. There are other evidences also. Further investigation is going on. The accused are still absconding. Lately, only two months back, we apprehended one of the absconders [in FIR 50].”

The SPP also submitted that the prosecution was not relying on tho videos in question against Kalita and that they do not form part of the chargesheets.

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