In a significant development, the Delhi High Court on Thursday instructed a trial court to delay any final decisions regarding the framing of charges in a case linked to the alleged conspiracy behind the 2020 northeast Delhi riots until September 23. This decision comes amid ongoing legal debates and the presentation of new evidential claims by the defense.
The directive was issued during the hearing of a plea by Devangana Kalita, an accused in the riots, who has requested access to specific videos and WhatsApp chats. These materials pertain to two cases, one under the stringent Unlawful Activities (Prevention) Act, tied to the communal violence that erupted during protests against the Citizenship Amendment Act (CAA) and National Register of Citizens (NRC) in February 2020.
During the proceedings, Justice Neena Bansal Krishna noted the state’s counsel was unprepared to proceed, lacking possession of the necessary case files and thereby requested an adjournment. Kalita’s legal team opposed this delay, emphasizing the urgency of their request for unrelied/relied documents under section 207 of the CrPC as arguments on charge framing were already underway.
Kalita’s lawyer argued that the withheld videos and chats are crucial for demonstrating her non-involvement in the violence, alleging that the prosecution has failed to provide evidence that could potentially prove her innocence. In contrast, the Delhi Police’s counsel contested the maintainability of her petitions, promising a detailed address on the subsequent hearing date.
Previously, Kalita’s counsel had asserted that the Delhi Police had commissioned recordings of the anti-CAA and NRC protests, and that this footage would substantiate claims of peaceful protest by Kalita and others from February 22 to 26, 2020. The defense insists these videos are exculpatory, showing peaceful participation in the protests rather than engagement in violent activities.
The case also involves other prominent figures such as Natasha Narwal, Safoora Zargar, former AAP councillor Tahir Hussain, and several members of the Jamia Coordination Committee, all booked under various FIRs related to the riots. This series of events resulted in 53 deaths and injuries to over 700 individuals, casting a long shadow over the national capital during a politically sensitive period coinciding with the visit of then-US President Donald Trump.
