Delhi High Court Denies Plea to Reconstruct Case Diaries
The Delhi High Court has delivered a significant ruling in the case involving Pinjra Tod activist Devangana Kalita. On Monday, the court dismissed Kalita’s plea to reconstruct the case diaries related to the Delhi riots, where she stands accused. This decision was part of the case Devangana Kalita Vs. State NCT of Delhi.
Justice Ravinder Dudeja announced the judgment, confirming an earlier directive that required police to preserve the case diaries. The court stated, “The petition is partly allowed. As far as the request for preservation is concerned, the interim order is made absolute. For reconstruction of the police diary, the request is rejected.”
Details of the Court’s Decision
Justice Dudeja clarified that reconstructing the entire case diaries was not feasible. He emphasized that the pages not part of the current case were used by investigating officers for other FIRs and thus fell outside the purview of Section 172 and 91 of the Criminal Procedure Code (CrPC). Consequently, Kalita is not entitled to copies of these pages.
The court also noted that Kalita retains the right to highlight any potential antedating during the trial. Kalita’s plea aimed to ensure the preservation and reconstruction of the case diaries due to concerns over alleged tampering by Delhi police, specifically regarding witness statements related to anti-Citizenship Amendment Act protests and a road blockade at Jafrabad metro station in 2020.
Previous Court Proceedings
A trial court had initially dismissed Kalita’s request to secure the diaries, asserting that witness statements recorded under Section 161 of the CrPC are not substantial evidence. The trial court, in its November 6, 2024, order, remarked, “While there may be merits in the submissions of the Ld. Counsel for the accused persons, but at this stage, this court cannot go into the truthfulness and veracity of the allegations.” This decision was subsequently challenged by Kalita at the Delhi High Court.
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In December 2024, Justice Jasmeet Singh issued an interim order, instructing the police to preserve the case diaries, which has now been confirmed. However, the request to reconstruct the diaries was not granted.
Legal Representation
Kalita was represented by Advocates Adit S Pujari, Vanya Chhabra, and Siddharth Kaushal. Meanwhile, Special Public Prosecutor Anuj Handa, along with Advocates Sanya Handa, Shubham Pandey, and Akansha Chandok, represented the State.
The case continues to draw attention, as it touches upon critical issues of legal procedure and the rights of the accused in high-profile cases.
