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Synopsis

The Delhi High Court is scheduled to hear a plea filed by Delhi riots accused Devangana Kalita seeking videos of protest on February 15, 2024.

Kalita has sought access to video recordings of protests against the Citizenship Amendment Act (CAA) and the National Register of Citizens (NRC), which have been relied upon by the prosecution in the Delhi riots case. Additionally, she has sought access to WhatsApp chats of police groups.

During the hearing today, Advocate Adit S. Pujari, appearing for Kalita submitted, "We are asking for the video so that we can argue on discharge plea, because there is no better evidence than video CCTV footage of what actually transpired. We have been enlarged on bail by a division bench of this court. The finding in the judgment was challenged before the Supreme Court, which was dismissed. We are now on bail."

"We are concerned with all the electronic videos that have been recorded whom they had given a tender to record these videos. It is their case that they cannot give the videos as it will demonstrate who are all the other accused persons and their rights to privacy or right to do further investigation will be compromised. The other aspect is that there are WhatsApp chats amongst the investigating agency and members of the police force," Pujari submitted.

Special Public Prosecutor Amit Prasad appearing for Delhi Police argued, "We'll be filing a status report in the case. The plea is not maintainable...The fundamental question is that the petition is not maintainable."

Justice Sharma then scheduled the matter for further hearing on February 15. 

On November 16, 2023, the court issued notice to Delhi Police on Kalita's plea. Justice Amit Bansal had directed the Delhi Police to submit their reply.

Kalita has lodged two petitions challenging trial court orders that denied her requests for video footage and transcripts of WhatsApp chats. One case pertains to the alleged larger conspiracy behind the Delhi riots, while the other addresses the murder of an individual protesting near the Jafrabad flyover.

Pujari, representing Kalita had informed the bench that the videos and WhatsApp chats form part of the Delhi Police's chargesheets and have been relied upon by the prosecution. However, Kalita alleged that the complete videos and chats had not been provided to her.

Pujari had argued, "The entire video is there. From that video, selective photographs have been taken. I say prior to arguments on charge, provide me the whole video, and they will demonstrate that between February 22, 2020, and February 26, 2020, we were protesting peacefully."

Special Public Prosecutor (SPP) Madhukar Pandey, representing Delhi Police, challenged the maintainability of the petitions and pointed out a delay in filing. Pandey had argued that the police are still investigating the case and certain accused persons are absconding. He further contended that providing WhatsApp chats for police groups could compromise intelligence-gathering methods.

Case Title: Devangana Kalita v. State (NCT of Delhi)