Kalita, who was released on bail in June 2021, has sought the preservation and reconstruction of the case diary, alleging that the police had tampered with evidence by including antedated statements statements assigned earlier dates than when they were actually recorded.
![[Delhi Riots Case] HC Issues Notice to Delhi Police After Devangana Kalita Moves Against Case Diary 'Tampering'](https://i0.wp.com/lawchakra.in/wp-content/uploads/2024/11/Delhi-Court-Denies-Bail-to-Pinjra-Tod-Leader-Devangana-Kalita.png?resize=700%2C394&ssl=1)
NEW DELHI: The Delhi High Court has issued a notice in response to a plea filed by activist Devangana Kalita, arrested in connection with the 2020 Delhi riots ‘conspiracy’ case.
Kalita, who was released on bail in June 2021, has sought the preservation and reconstruction of the case diary, alleging that the police had tampered with evidence by including antedated statements statements assigned earlier dates than when they were actually recorded.
Kalita’s counsel, Adit Pujari, raised these allegations before the high court on November 14. He referred to earlier attempts to address the matter in a Judicial Magistrate of First Class (JMFC) court, where it was argued that the complete booklet of case diaries should be secured.
The JMFC court, however, declined to probe the allegations, stating that they created “suspicion” regarding the investigating agency’s version and advised Kalita to raise the issue at a higher forum.
The contested case relates to an FIR lodged at Jafrabad Police Station in February 2020. Kalita’s plea also challenges the JMFC court’s November 6 order and claims the police antedated witness statements recorded under Section 161 of the Criminal Procedure Code (CrPC). These statements were reportedly used to bolster both the primary and supplementary chargesheets.
Justice Jasmeet Singh of the Delhi High Court has directed the Delhi Police to file a status report on the plea and scheduled the next hearing for November 25.
BRIEF FACTS
Kalita, a student activist and member of the women’s rights group Pinjra Tod, was arrested on May 23, 2020, for allegedly inciting communal violence during the Delhi riots. Rights groups claim she was targeted for leading peaceful protests against the Citizenship Amendment Act (CAA) in 2019. Although granted bail on May 24, 2020, she was re-arrested on new charges, including those under the Unlawful Activities (Prevention) Act (UAPA).
Kalita, along with fellow activists Natasha Narwal and Asif Iqbal Tanha, was released from Tihar Jail on June 17, 2021, following a Delhi High Court order granting bail. FIR 59/2020, which forms the basis of the conspiracy charges, implicates 18 individuals, 16 of whom are Muslim, alleging that the riots were part of a pre-planned conspiracy.
Separately, on November 11, the Supreme Court declined to hear a bail plea filed by Gulfisha Fatima, another accused in the case.
