Northeast Delhi riots: HC seeks police response in activist Devangana Kalita’s plea seeking preservation of case diaries after alleging tampering

Devangana Kalita and others have been accused of organising an anti-CAA protest and road blockade near the Jafrabad Metro Station in Delhi in February 2020.

Kalita sought to set aside JMFC order from November 6, where the court refused to delve into allegations by Kalita of tampering and antedating CrPC Section 161 statements. (File Photo)

Written by: Sohini Ghosh

3 min readDelhiNov 14, 2024 01:51 PM IST First published on: Nov 14, 2024 at 01:51 PM IST

The Delhi High Court Thursday issued notice to the state in a plea by activist Devangana Kalita, one of the accused in the larger conspiracy case in the Northeast Delhi riots in 2020, who is seeking preservation and reconstruction of the case diary in connection with a probe by the police.

The case diary pertains to the probe that stems from an FIR lodged at the Jafrabad Police Station in February 2020.

Kalita, in her plea before the High Court, is seeking setting aside of a judicial magistrate first class (JMFC) order of Shahdara, Karkardooma, court in Delhi from November 6, where the court refused to delve into allegations by Kalita of tampering and antedating Code of Criminal Procedure (CrPC) Section 161 statements (examination of witnesses by police) which were part of the case diary and filed with the main as well as supplementary chargesheets in the case.

Through her counsel Adit Pujari, Kalita first raised the allegations of record tampering before the magistrate court and sought that the court secure the complete booklet pertaining to the relevant case diaries. The prosecution objected to it and said calling for the booklets would delay the matter. The JMFC court opined that while 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 it “cannot go into the truthfulness and veracity of the allegations.”

The magistrate court further recorded that the issue raised pertains to procedural aspect and that CrPC Section 161 statements are “not even substantive pieces of evidence,” and ruled that there was “no requirement” of calling for the booklets.

Challenging the magistrate’s order now before the Delhi High Court, Advocate Pujari Thursday submitted before Justice Jasmeet Singh that it is a “very very sorry state of affairs”, and Kalita is seeking reconstruction and preservation of the case diary. Pujari added, “The police have clearly antedated case diaries.”

While refusing to grant any ex-parte relief by directing for the reconstruction and preservation of the case diary immediately, Justice Singh issued notice to the prosecution and directed it to file its status report within a week.

The court kept the matter for further consideration on November 25.

The anti-CAA protests and counter-protests

Delhi BJP leader Kapil Mishra at a pro-CAA rally in Maujpur prior to the riot. (File Photo)

Kalita, along with activist Natasha Narwal, are accused in an FIR registered at the Jafrabad Police Station of being among those who organised an anti-CAA protest and road blockade under Jafrabad Metro station on February 22 and 23, 2020. The protest prompted a pro-CAA rally by the Bharatiya Janata Party (BJP)’s Kapil Mishra and his supporters on February 23. A day later, riots broke out in the district.

Sohini Ghosh

Sohini Ghosh is a Senior Correspondent at The Indian Express. Prev... Read More