The Supreme Court on Monday stayed a Delhi High Court order allowing Delhi riots accused Devangana Kalita to inspect documents not relied upon in the alleged larger conspiracy case linked to the 2020 violence.
A bench of Justices Aravind Kumar and Vipul M Pancholi issued notice to Kalita on a plea filed by the Delhi Police challenging the June 5 high court order.
"You will not conclude your arguments even in 10 years, and then you say there is delay in trial," the bench observed orally.
Additional Solicitor General S V Raju, appearing for the Delhi Police, submitted that Kalita is not entitled to any document until charges are framed.
"They can't ask for any other document. What is the purpose of inspection at this stage?" Raju asked.
Kalita's lawyer referred to a Supreme Court judgment and said the list of documents that are not relied on must also be furnished prior to framing of the charge.
After hearing the parties, the Supreme Court bench issued notice to Kalita and stayed the Delhi High Court order.
The matter will now be heard after two weeks.
On June 5, the high court had lifted its earlier stay on framing of charges in the alleged larger conspiracy case related to the 2020 riots and allowed the trial court to pass a final order.
The high court had vacated the court's order while dismissing Kalita's plea seeking direction to the police to provide her certain videos and WhatsApp chats in relation to the case.
The court, however, allowed a separate petition by Kalita and permitted her to inspect unrelied-upon documents in the UAPA (Unlawful Activities Prevention Act) case.
Kalita had moved high court in 2023, claiming that Delhi Police had commissioned certain persons to record the February 2020 protests against the Citizenship Amendment Act and National Register of Citizens, and the footage should be supplied to her before the trial court proceeds to hear the arguments as it would show that she was protesting peacefully.
Besides the video footage, she had also sought the "entire WhatsApp chat" of a group, alleging that "selective extracts" were being used against the petitioner.
In the judgment, the court stated that all evidence being relied upon by the prosecution, along with the chargesheet, has already been provided to Kalita, along with the entire footage of the riots relevant to her.
The high court had said that only the communication, information, chats of police officials' groups and WhatsApp groups that are neither relied upon nor relevant, have not been shared with the petitioner as they may contain sensitive information or privileged communication that cannot be disclosed.
"Hence, the WhatsApp Group chats et cetera pertaining to the police officials and their activities, which had not been relied upon, were held to be not required to be supplied under Section 207 CrPC," the high court had held.
"In so far as the documents pertaining to other accused and the supply of WhatsApp chats are concerned, these are not relied upon against the petitioner, for which she has a right to seek the List/Inspection. These documents have been rightly denied in the chargesheet," it had added.
With respect to the supply of certain "relevant" CCTV footage, the high court noted that as per the prosecution, the footage cannot be given because further investigation was still ongoing and certain accused were still to be apprehended.
Invoking the right to fair trial, the high court nonetheless permitted Kalita to inspect the unrelied evidence, and said transparency in the judicial proceedings has to be ensured even in cases involving terror offences.
The court said it expected that appropriate facility would be provided to the accused for the inspection.
At the same time, it is expected that Kalita shall not unduly delay the inspection as it would only delay the trial, which is neither in the interest of the prosecution or the accused, it had said.
In an interim order on September 12, 2024, the court asked the trial court not to pass final order on framing of charges in the case.
Student activists Kalita, Natasha Narwal, Umar Khalid, Sharjeel Imam, Jamia Coordination Committee members Safoora Zargar, former AAP councillor Tahir Hussain and several others have been booked under various FIRs in relation to the Northeast Delhi riots, which left 53 people dead and over 700 injured in February 2020.
(With inputs from PTI)
