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2020 Delhi riots: Devangana Kalita seeks clarification on preservation of case records, HC tells prosecution to ‘show fairness’

Devangana Kalita and fellow student activist Natasha Narwal are named as accused in an FIR registered for being among those who organised an anti-CAA protest and road blockade under Delhi’s Jafrabad metro station on February 22-23, 2020.

Devangana KalitaAfter Devangana Kalita alleged tampering and antedating of CrPC section 161 statements, the high court in December 2024 directed the trial court to preserve the case diaries. (File photo)

While hearing an application by Devangana Kalita, accused in the larger conspiracy case related to the 2020 Delhi riots, the Delhi High Court on Monday said the prosecution should “show fairness” by declaring that it will preserve the case diaries instead of opposing her plea seeking clarification on a high court order to preserve case records of a probe by the Jafrabad police.

Kalita and fellow student activist Natasha Narwal are named as accused in an FIR registered at the Jafrabad police station for being among those who organised a protest against the Citizenship Amendment Act and road blockade under the Jafrabad metro station on February 22-23, 2020. This was followed by a pro-CAA rally led by BJP leader Kapil Mishra and his supporters on February 23, and riots broke out in the district a day later.

After Kalita’s alleged tampering and antedating of CrPC section 161 statements, the high court in December 2024 directed the trial court to preserve the case diaries. In her plea, Kalita sought the setting aside of the order of judicial magistrate first class of Shahdara, Karkardooma court, from November 6, 2024, where the court refused to delve into her allegations of tampering and antedating of statements which were part of the case diary and filed with the main as well as supplementary chargesheets in the case. Kalita also sought the preservation and reconstruction of the case diary.

Kalita is now seeking clarification as to whether this would mean the preservation of entire case records or only the case records pertaining to the Jafrabad incident. Advocate Adit Pujari, representing Kalita, argued before Justice Ravinder Dudeja that if the preservation was limited to the case diary pertaining to Jafrabad, “it would be an exercise in futility”, while arguing that the preservation of records would mean including the entire case records.

Addressing the prosecution, Justice Ravinder Dudeja, remarked, “…it is already visible from the records that there is prima facie antedating…Why do you have any objection? Show your fairness and say you’ll preserve the entire records.”

Special Public Prosecutor Anuj Handa responded, “I’ve never objected to preservation of records, what he says is, preserve records of all cases… For the past one and a half years, the petitioner has been silent. When (the trial court) directed that either you argue or we’ll pass orders on merits, they raised this issue..”

Seeking a response from the prosecution to Kalita’s application seeking clarification, the court posted the matter for further consideration on July 7.

Sohini Ghosh is a Senior Correspondent at The Indian Express. Previously based in Ahmedabad covering Gujarat, she recently moved to the New Delhi bureau, where she primarily covers legal developments at the Delhi High Court Professional Profile Background: An alumna of the Asian College of Journalism (ACJ), she previously worked with ET NOW before joining The Indian Express. Core Beats: Her reporting is currently centered on the Delhi High Court, with a focus on high-profile constitutional disputes, disputes over intellectual property, criminal and civil cases, issues of human rights and regulatory law (especially in the areas of technology and healthcare). Earlier Specialty: In Gujarat, she was known for her rigorous coverage in the beats of crime, law and policy, and social justice issues, including the 2002 riot cases, 2008 serial bomb blast case, 2016 flogging of Dalits in Una, among others. She has extensively covered health in the state, including being part of the team that revealed the segregation of wards at the state’s largest government hospital on lines of faith in April 2020. With Ahmedabad being a UNESCO heritage city, she has widely covered urban development and heritage issues, including the redevelopment of the Sabarmati Ashram Recent Notable Articles (Late 2025) Her recent reporting from the Delhi High Court covers major political, constitutional, corporate, and public-interest legal battles: High-Profile Case Coverage She has extensively covered the various legal battles - including for compensation under the aegis of North East Delhi Riots Claims Commission - pertaining to the 2020 northeast Delhi riots, as well as 1984 anti-Sikh riots. She has also led coverage at the intersection of technology and governance, and its impact on the citizenry, from, and beyond courtrooms — such as the government’s stakeholder consultations for framing AI-Deepfake policy. Signature Style Sohini is recognized for her sustained reporting from courtrooms and beyond. She specialises in breaking down dense legal arguments to make legalese accessible for readers. Her transition from Gujarat to Delhi has seen her expand her coverage on regulatory, corporate and intellectual property law, while maintaining a strong commitment to human rights and lacuna in the criminal justice system. X (Twitter): @thanda_ghosh ... Read More

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