The Delhi High Court has issued a notice on petitions filed by Devangana Kalita, a key figure in the Delhi riots cases, including one under the Unlawful Activities (Prevention) Act (UAPA). Kalita seeks access to certain videos of the Citizenship Amendment Act (CAA)-National Register of Citizens (NRC) protests and chats from WhatsApp groups of police officials. Justice Amit Bansal directed the Delhi Police to file a status report or reply to the petitions and scheduled the matter for further hearing on January 17, 2024.
Advocate Adit S. Pujari, representing Kalita, argued that the videos, allegedly shot by someone commissioned by the Delhi Police, are crucial for demonstrating her innocence and the peaceful nature of the protests she participated in. Pujari stated,
“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 emphasized the importance of these videos for Kalita’s defense, saying,
“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.”
Special Public Prosecutor (SPP) Madhukar Pandey, representing the Delhi Police, raised preliminary objections regarding the maintainability of the petitions. He argued that Kalita should not have approached the court under writ jurisdiction when other remedies were available. Pandey also highlighted the ongoing nature of the investigation and the recent apprehension of an absconder in the case.
The Delhi Police’s stance is that the prosecution is not relying on the videos in question against Kalita and that they do not form part of the chargesheets. Additionally, the police contend that providing the WhatsApp chats of police groups could compromise intelligence gathering methods.
Kalita, along with co-accused Asif Iqbal Tanha and Natasha Narwal, was granted bail by the Delhi High Court in June 2021, a decision upheld by the Supreme Court in May as the Delhi Police’s challenge was dismissed. In August, the trial court refused to provide the entire CCTV footage pertaining to the North-East Delhi area and WhatsApp chats of police groups to Kalita in the UAPA case.
The case, titled Devangana Kalita v. State, involves multiple accused and is being probed by Delhi Police’s Special Cell under various offenses of the Indian Penal Code and the UAPA. The High Court’s decision to issue a notice and seek a response from the Delhi Police marks a significant development in the ongoing legal proceedings related to the Delhi riots.
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