Today(12th Sept), The Delhi High Court directed the trial court to hold off on any final orders in the 2020 Delhi Riots conspiracy case. This decision came during a hearing on a petition by accused Devangana Kalita, with Justice Neena Bansal Krishna emphasizing that while arguments can proceed, no final ruling should be issued until further review.
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NEW DELHI: Today(12th Sept), The Delhi High Court, directed the trial court handling the Delhi Riots conspiracy case not to pass any final orders for the time being. This directive came during a hearing of a petition filed by Pinjra Tod activist Devangana Kalita, one of the accused in the 2020 Delhi Riots conspiracy case.
Justice Neena Bansal Krishna, presiding over the case, made it clear that while the trial court should continue hearing arguments related to the charges, it must refrain from issuing any final decisions until the High Court has a chance to review the case further.
The judge stated:
“Argument on charge is ongoing in the trial court, which is directed to continue but no final order is to be passed until High Court hears it on the next date.”
This case revolves around the alleged larger conspiracy behind the violent Delhi Riots of 2020, during which numerous lives were lost, and properties were damaged. Kalita, a prominent activist, was involved in protests against the Citizenship Amendment Act (CAA), which many claim were peaceful demonstrations. The authorities, however, accused her and others of inciting violence.
Devangana Kalita approached the Delhi High Court with two primary petitions. In the first, she challenged the trial court’s decision that denied her access to crucial video footage. The second petition sought transcripts of WhatsApp chats related to the case, which Kalita believes could potentially exonerate her.
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Representing Kalita, Advocate Adit S Pujari emphasized that the authorities have withheld significant unrelied documents, which are critical for Kalita’s defense. Pujari elaborated on the peaceful nature of Kalita’s protest during the CAA demonstrations, asserting that she was wrongfully arrested. He argued that her involvement in the 2020 riots was falsely alleged:
“Kalita was arrested unjustly while she was peacefully protesting against the Citizenship Amendment Act (CAA) under a metro station, holding the Indian flag. She is accused of being involved in the 2020 Delhi Riots.”
Pujari also pointed out the existence of CCTV footage, which is crucial to understanding what actually transpired during the protests. However, the authorities have refused to release this footage to the defense.
He asserted:
“The respondents are withholding CCTV footage of the protest, which is crucial evidence. This footage has not been provided despite its significance.”
In response to Pujari’s argument, Justice Bansal turned to the counsel representing the Delhi Police, inquiring:
“If the video is relied upon, why has it not been provided?”
Special Public Prosecutor Amit Prasad, representing the Delhi Police in the Delhi Riots cases, requested additional time as he did not have the necessary file on hand during the hearing. Prasad indicated that he would first address the issue of maintainability.
However, Justice Bansal pushed back against this approach, remarking:
“Since the matter was already heard on its merits, it is unclear why the argument about maintainability is being raised now.”
After hearing both sides, the court ultimately decided to adjourn the matter, scheduling the next hearing for September 23.
The trial court had recently begun hearing arguments on charges in the Delhi Riots conspiracy case, four years after the violence occurred. Among the accused are well-known figures like Umar Khalid, Sharjeel Imam, Safoora Zargar, Natasha Narwal, and Devangana Kalita. Others involved in the case include Asif Iqbal Tanha, Tahir Hussain, Khalid Saifi, Isharat Jahan, Meeran Haider, Gulfisha Fatima, Shifa-Ur-Rehman, Shadab Ahmed, Tasleem Ahmed, Saleem Malik, Mohd Saleem Khan, Athar Khan, and Faizan Khan.
The Delhi Police have invoked stringent provisions of the Unlawful Activities Prevention Act (UAPA) against these accused, asserting that the violence during the Delhi Riots was part of a larger conspiracy to incite communal tensions and destabilize the nation.
Kalita, along with fellow activists Natasha Narwal and Asif Iqbal Tanha, were arrested in May 2020. They spent almost a year in custody before the Delhi High Court granted them bail on June 15, 2021.
In its ruling, the High Court made a significant observation regarding the nature of protests and the rights guaranteed under the Indian Constitution. The court criticized the State for confusing peaceful protests with terrorism, remarking:
“In its drive to suppress dissent, the State has conflated the constitutionally protected right to protest with acts of terrorism.”
The High Court found that the charges under Sections 15, 17, and 18 of the UAPA were not sufficiently substantiated against the three activists. Additionally, the court emphasized the importance of protecting the right to protest peacefully, as enshrined in Article 19(1)(b) of the Constitution:
“The right to protest peacefully without arms is a fundamental right under Article 19(1)(b) of the Constitution and has not been outlawed yet.”
The Delhi Police later approached the Supreme Court in an attempt to challenge the bail granted to the three activists. However, the Supreme Court ultimately dismissed their appeal last year, further solidifying the activists’ release on bail.
