The Delhi High Court cleared the way for further proceedings in the 2020 Delhi riots larger conspiracy case by setting aside an order that had restrained the trial court from deciding charges. The Court dismissed Devangana Kalita’s plea seeking access to protest videos and alleged police WhatsApp chats.
In a major update to the 2020 Delhi riots larger conspiracy matter, the Delhi High Court set aside an earlier order that had prevented the trial court from passing a final decision on the framing of charges.
Justice Neena Bansal Krishna dismissed a petition filed by Devangana Kalita, a Pinjra Tod activist. Kalita had sought access to video recordings of protests against the Citizenship Amendment Act (CAA) and the National Register of Citizens (NRC) that the prosecution intended to rely on, as well as WhatsApp chats allegedly belonging to police groups. By removing the stay granted earlier on September 12, 2024, the High Court has cleared the way for the Karkardooma Court to proceed with its charge-related determination.
Previously, the High Court had allowed the trial court to continue hearing arguments on the charges, but had restricted it from passing a final order. Justice Krishna’s ruling effectively ends that restriction.
That said, the Bench also permitted Kalita to pursue a separate request, granting directions to the police to allow her to inspect the malkhana the secure evidence storage facility within a police station where physical exhibits and seized articles are kept.
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The development follows a plea by Delhi Police seeking that the matter be transferred from Justice Krishna’s bench on administrative grounds, citing delays in delivering judgment on reserved matters. The police contended that the Supreme Court has laid down a timeline for pronouncing judgments in reserved matters, and that the timeline had been exceeded in this case. The Chief Justice of the Delhi High Court had indicated that the issue would be examined administratively.
Devangana Kalita was represented by advocates Adit S. Pujari, Chaitanya Sundriyal, Manvendra Singh Shekhawat, Siddharth Kaushal, and Harshvardhan Pushkin Sharma. Delhi Police was represented by Special Public Prosecutors Amit Prasad and Madhukar Pandey, along with other counsel.
The ruling is expected to speed up proceedings in this widely watched case arising from the February 2020 anti-Hindu violence in northeast Delhi, which resulted in over 50 deaths and left hundreds injured.
Background of the Delhi Riots Larger Conspiracy Case
The Delhi riots larger conspiracy case is one of the most significant criminal prosecutions arising out of the communal violence that took place in North-East Delhi in February 2020. The violence, which erupted between February 23 and February 26, 2020, resulted in the deaths of 53 people and injuries to hundreds of others. Extensive damage was also caused to homes, shops, religious places, and public property.
The unrest occurred against the backdrop of nationwide protests against the Citizenship Amendment Act (CAA), 2019, and the proposed National Register of Citizens (NRC). Beginning in late 2019, several demonstrations were organized across the country, including in Delhi, where protesters, students, activists, and civil society groups participated in sit-ins and public gatherings opposing the legislation.
Following the riots, the Delhi Police Crime Branch registered FIR No. 59 of 2020, which subsequently became known as the “larger conspiracy case.” The FIR was initially registered under various provisions of the Indian Penal Code relating to rioting, murder, criminal conspiracy, and destruction of property. Subsequently, stringent provisions of the Unlawful Activities (Prevention) Act, 1967 (UAPA) were also invoked.
According to the Delhi Police, the riots were not spontaneous incidents but were the outcome of a pre-planned conspiracy allegedly orchestrated by certain activists, student leaders, and political figures under the guise of anti-CAA protests. The police claimed that protests at different locations in Delhi were strategically organized to disrupt public order and eventually trigger large-scale violence.
The prosecution has alleged that a network of protest organizers, activists, and political associates coordinated road blockades and protest sites across Delhi as part of a larger plan. The police contend that these demonstrations were used to mobilize people and create conditions that eventually led to the riots.
The Delhi Police has further alleged that social media platforms, WhatsApp groups, meetings, speeches, and logistical arrangements were used to coordinate activities before the violence. Investigators claim that the accused played different roles in planning, organizing, financing, or facilitating the alleged conspiracy.
Based on these allegations, the police invoked provisions of the UAPA, arguing that the acts amounted to unlawful and terrorist activities aimed at threatening the sovereignty and security of the nation.
Among the prominent individuals named in the case are Umar Khalid, Sharjeel Imam, Safoora Zargar, Natasha Narwal, Devangana Kalita, Asif Iqbal Tanha, Tahir Hussain and several others. The prosecution alleges that these individuals participated in different aspects of the purported conspiracy. However, the exact allegations vary from accused to accused.
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