Delhi HC halts final order on charges in 2020 riots case amid plea for evidence access

The order came in response to a plea by Devangana Kalita, one of the accused, seeking access to certain videos and WhatsApp chats that she believes could help prove her innocence in cases linked to the riots.
Scenes from the 2020 Delhi riots used for representational purposes.
Scenes from the 2020 Delhi riots used for representational purposes.(File Photo)
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NEW DELHI: The Delhi High Court on Thursday directed the trial court not to issue a final order on framing charges in the alleged larger conspiracy behind the 2020 northeast Delhi riots till September 23.

The order came in response to a plea by Devangana Kalita, one of the accused, seeking access to certain videos and WhatsApp chats that she believes could help prove her innocence in cases linked to the riots, including charges under the Unlawful Activities (Prevention) Act (UAPA).

“The video would exonerate me, showing that from February 22 to 26, 2020, we were engaged in peaceful protests. Selective screen grabs are being used against me, but the complete footage is exculpatory and should be provided,” Kalita’s lawyer argued.

Besides the video footage, Kalita has requested the entire WhatsApp chat from a group, portions of which have allegedly been selectively used to support the case against her.

Her legal team maintains that withholding these materials violates her rights under Section 207 of the Criminal Procedure Code (CrPC), which mandates the supply of related and unrelated documents to the defence.

The Delhi Police, however, contested the maintainability of Kalita’s plea, arguing that her petitions for accessing these documents were not valid.

Justice Neena Krishna, while acknowledging both sides’ submissions, ruled that although the trial court could continue hearing arguments on the framing of charges, no final order should be passed till September 23.

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