Delhi Riots: HC Allows Preservation of Case Diaries, Rejects Devangana Kalita’s Reconstruction Plea

The Delhi High Court on Monday, September 22, 2025, partly allowed Delhi riots accused Devangana Kalita’s plea, directing the Delhi Police to preserve case diaries linked to the Jafrabad violence during the riots, while rejecting her request for their reconstruction.

Kalita, a Pinjra Tod activist and an accused in the 2020 Delhi riots “larger conspiracy” case, had approached the court seeking both reconstruction and preservation of the diaries.

Justice Ravinder Dudeja, while pronouncing the verdict, confirmed the earlier interim order of December 2, 2024, which required the Delhi Police to preserve the case diaries pertaining to the Jafrabad violence during the riots.

“The petition is partly allowed. As far as the request for preservation is concerned, the interim order is made absolute. So far as reconstruction of police diary is concerned, the same is rejected,” Justice Dudeja said.

A detailed copy of the judgment is awaited.

On July 7, 2025, the Delhi High Court reserved its order on a petition filed by Devangana Kalita, an accused in the 2020 Delhi riots “larger conspiracy” case, in which she had sought preservation and reconstruction of the case diary pertaining to the investigation. Justice Ravinder Dudeja reserved the verdict after briefly hearing the counsels appearing for Kalita and the Delhi Police.

Justice Dudeja had remarked, “Arguments heard. Reserved for order.” Kalita had approached the High Court challenging a November 6, 2024 order of the magistrate court, which had dismissed her request for preservation of the case diary related to an FIR registered at Jafrabad Police Station.

The trial court had observed that although the allegations of antedating CrPC Section 161 statements might raise doubts about the investigative agency’s version, the court was not empowered to assess the truth or veracity of such claims at that stage, and advised her to raise the issue at an appropriate time.

In November last year, the High Court had issued notice on her plea, directing the Delhi Police to file a status report. During the hearing today, Advocate Adit S. Pujari, appearing for Kalita, argued that the police had inserted “antedated” statements into the case diary and sought a direction to reconstruct and preserve the relevant volumes.

Pujari alleged that during the stage of framing of charges in the Jafrabad FIR case, the police introduced antedated statements in the diary claiming Kalita was involved in “dhakka-mukki” (scuffle) with police personnel.

The Delhi Police, opposing the plea, had submitted that the directions sought would further delay the investigation.

Kalita had been accused of being part of a “larger conspiracy” to incite violence and riots under the guise of protests against the Citizenship Amendment Act (CAA) and the National Register of Citizens (NRC), and had been booked under provisions of the Indian Penal Code (IPC) and the Unlawful Activities (Prevention) Act (UAPA).

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

The violence in Northeast Delhi had broken out during anti-CAA protests, leading to widespread clashes between supporters and opponents of the Act. Several incidents of stone-pelting, arson, and violent protests were reported, resulting in significant loss of life and property.

Case Title: Devangana Kalita Vs. State NCT of Delhi]

Judgment Date: 22 September 2025

Bench: Justice Ravinder Dudeja

With HT inputs