Delhi HC directs preservation of case diaries in Devangana Kalita’s plea alleging tampering

The activist accused the police of antedating CrPC Section 161 statements (examination of witnesses by the police) in their case diaries. She had first raised the allegations of tampering with records before the magistrate court and had sought that the court secure the complete booklet pertaining to relevant case diaries. The JMFC court had opined that the allegations “raise suspicion on the version of the investigation agency” and “while there may be merits” in the allegations raised by Kalita, it ruled that the court “cannot go into the truthfulness and veracity of the allegations.”

The magistrate court had further recorded that the issue pertained to procedural aspects and that CrPC Section 161 statements are “not even substantive piece(s) of evidence,” and had thus ruled that there was “no requirement” of calling for the booklets.

Kalita along with activist Natasha Narwal are named in an FIR at the Jafrabad police station for organising an anti-CAA protest and road blockade near the Jafrabad metro station on February 22-23, 2020. The protest had prompted a pro-CAA rally by BJP’s Kapil Mishra and his supporters on February 23. A day later, riots broke out in the district.