Delhi Riots Conspiracy Case: Supreme Court Reserves Order On Devangana Kalita’s Plea To Inspect Unrelied Documents
Supreme Court reserves order on Delhi Police plea challenging Devangana Kalita’s access to unrelied documents in the 2020 Delhi riots conspiracy case
The Supreme Court on Tuesday reserved its order on a plea filed by the Delhi Police challenging a Delhi High Court order permitting accused Devangana Kalita to inspect documents lying in the malkhana that were not relied upon by the prosecution in the 2020 Delhi riots conspiracy case.
The Bench of Justices Aravind Kumar and Vipul M Pancholi heard the matter.
Additional Solicitor General SV Raju, appearing for the Delhi Police, opposed Kalita’s request for inspection of the unrelied documents.
“What is the purpose of inspection? It is only to delay the trial,” Raju submitted.
He further argued, “You cannot ask for production of documents.”
Senior Advocate Kapil Sibal, appearing for Kalita, submitted that once an investigation is completed and a chargesheet is filed, the prosecution identifies the documents on which it relies as well as those it does not rely upon.
“Investigation takes place. Chargesheet is filed. There is a list of documents relied upon, and some documents are not relied upon,” Sibal submitted.
Sibal, however, said Kalita was first seeking the list of unrelied documents from the prosecution.
“Can I first seek the list of documents? They haven’t given me the list. First give me the list, then we will deal with inspection,” he submitted.
The dispute before the Supreme Court arises from the Delhi High Court’s order permitting Kalita to inspect unrelied documents kept in the malkhana.
After hearing both sides, the Supreme Court reserved its order.
Justice Aravind Kumar directed both parties to file written submissions, limited to two pages, within three days.
“Both parties to file their written submissions not exceeding two pages within 3 days,” Justice Kumar directed.
The Bench further assured the parties that the submissions would be considered. “We’ll ensure you get it,” Justice Kumar said.
Sibal responded, “I hope something more than that.”
“We’ll see,” Justice Kumar replied.
Notably, on July 20, the Court had stayed the Delhi High Court order directing the Delhi Police to provide Delhi riots accused Devangana Kalita with a copy of electronic evidence sought by her before the framing of charges in the larger conspiracy case.
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: State of NCT of Delhi v. Devangana Kalita
Bench: Justices Aravind Kumar and Vipul M. Pancholi
Hearing Date: September 1, 2026