Supreme Court Defers Delhi Police Plea Against Devangana Kalita's Inspection Of Unrelied Documents In Delhi Riots Case

The Bench of Justices Aravind Kumar and Vipul M. Pancholi granted the prosecution time to file a rejoinder after Additional Solicitor General S.V. Raju submitted that the respondents' reply had not been served on him.

"We want to file a rejoinder. They have not served a copy of the reply," Raju submitted.

Senior Advocate Kapil Sibal, appearing for Kalita, disputed the contention, stating that the reply had been served, but did not object to the request for time.

"We have. But if he says so... it is the normal thing," Sibal said.

The Bench accepted the request and directed that the matter be listed after two weeks.

Raju also informed the Court that the trial court was not proceeding with the matter and had sought clarification in view of the pending proceedings before the Supreme Court.

"The trial court is not proceeding. Trial court says get a clarification. Kindly see the trial court order," he submitted.

The Bench, however, declined to examine the trial court's order.

"We will not," the Court responded.

Raju argued that the stay granted by the Supreme Court was confined only to the inspection of the unrelied documents and did not extend to the proceedings relating to the framing of charges.

"The stay is on inspection. It has nothing to do with the proceedings on framing of charges," he contended.

Opposing the submission, Sibal argued that permitting the trial court to proceed with framing of charges before inspection of the documents would render the pending appeal meaningless.

"You'll make the matter infructuous. There will be nothing left in the matter," Sibal submitted, adding, "We want the inspection before the charges are framed."

During the hearing, Justice Kumar recounted an earlier instance where a trial court had continued proceedings despite a matter being pending before a higher court in the absence of any formal stay order.

"Once a learned advocate insisted for stay. The judges said, 'We are hearing this matter.' Which trial judge will dare to proceed? The advocate then went before the trial court saying the matter was pending before the High Court. The trial judge asked, 'Where is the stay?'" Justice Kumar remarked.

When Raju sought a specific date for the next hearing, the Bench directed that the matter be listed in the week after next, on Tuesday.

The appeal arises from the Delhi High Court's order allowing Devangana Kalita to inspect unrelied documents lying in the police malkhana before the trial court proceeds to frame charges in the Delhi riots conspiracy case.

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.

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

Bench: Justices Aravind Kumar and Vipul M. Pancholi

Hearing Date: August 3, 2026