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Synopsis

The Delhi High Court on Thursday issued notice to the Delhi Police on a plea filed by Delhi riots accused Devangana Kalita.

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.

The bench of Justice Amit Bansal 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.

Advocate Adit S. Pujari, representing Kalita, 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 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 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.

Justice Bansal, after careful consideration, observed that he would not pass any order regarding the stay of the trial without a detailed hearing from both sides. Consequently, the bench issued notice and scheduled the matter for further hearing on January 17, 2024. 

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