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Synopsis

The Special Public Prosecutor for the Delhi Police informed the Delhi High Court on Monday that 'everything has been placed on record' in the plea filed by Devangana Kalita in connection with the Delhi riots 2020.

The plea, filed by Kalita, sought directions for the Delhi Police to provide certain videos and WhatsApp chats related to the communal violence during the 2020 protests against the Citizenship Amendment Act (CAA) and the National Register of Citizens (NRC).

The Bench presided over by Justice Neena Bansal Krishna, while hearing the matter referred to the police's WhatsApp group chat, and said that "those have been denied".

The matter is now scheduled for the next hearing on December 17th.

Kalita has been accused of engaging in a "larger conspiracy" to incite violence and riots in the guise of a protest against the CAA and the NRC under the Indian Penal Code (IPC) and the Unlawful Activities (Prevention) Act (UAPA).

During the hearing, Advocate Adit S. Pujari, appearing for Kalita, submitted before the bench that the state is not ready to provide the seizure memo and alleged that the 'videos' were shot by someone commissioned by the Delhi Police based on a tender.

Advocate Adit S. Pujari further submitted that the videos would exonerate Kalita and demonstrate her innocence by showing that she was participating in peaceful protests.

On the other hand, Special Public Prosecutor Amit Prasad, appearing for the state, reiterated that they have taken the video footage but are not relying on it. He further submitted that each document has been placed on record. The video footage has already been placed on record by way of a PowerPoint presentation (PPT).

"Everything is on record lordship. The seizure memo is also on record. I'm suffering from an interim order; that's my difficulty," SPP added.

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

Kalita had 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.

Earlier, on 2 May 2023, the Supreme Court had dismissed a Special Leave Petition filed by the Delhi Police challenging the Delhi High Court order granting bail to Devangana Kalita and the other two accused under the Unlawful Activities (Prevention) Act (UAPA) in the Delhi Riots case.

In June 2021, Kalita was granted bail by the Delhi High Court along with co-accused Asif Iqbal Tanha and Natasha Narwal.

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