2020 Delhi riot case: High court seeks police explanation on how they preserved case diaries in probe against activist Devangana Kalita

Kalita and activistic Natasha Narwal are accused successful an FIR registered astatine the Jafrabad constabulary presumption for being among those who organised an anti-CAA protestation and roadworthy blockade nether the Jafrabad Metro presumption connected February 22-23, 2020. The protestation prompted a pro-CAA rally by the BJP’s Kapil Mishra and his supporters connected February 23, and a time later, riots broke retired successful the district.

Kalita, successful her plea, is seeking mounting speech of a judicial magistrate archetypal people (JMFC) bid of Shahdara, Karkardooma tribunal successful Delhi from November 6, 2024, wherever the tribunal refused to delve into allegations by Kalita of the constabulary tampering and antedating Criminal Procedure Code (CrPC) conception 161 statements (examination of witnesses by police) which were portion of the lawsuit diary and which were filed with the main arsenic good arsenic supplementary chargesheets successful the case. Kalita besides sought the preservation and reconstruction of the lawsuit diary.

Kalita’s counsel Adit Pujari relied connected CrPC conception 172 (1-A), an amended proviso of the earlier proviso of CrPC conception 172 (1), which states that statements of witnesses recorded nether CrPC conception 161 during the people of the probe should beryllium inserted successful the lawsuit diary. Kalita told the tribunal connected Monday that with antedated statements, the constabulary were “trying to get implicit the bar” connected the statements recorded later, arsenic not being relied connected and alternatively to usage the aforesaid arsenic portion of the lawsuit records.

On January 10, Kalita, earlier a magistrate tribunal successful Shahdara, questioned whether the constabulary had complied with the Delhi High Court’s December order. Special Public Prosecutor Anuj Handa submitted that the JMFC tribunal successful Shahdara had already retained the lawsuit diary successful the signifier of a constabulary file.

On Monday successful the precocious court, Justice Vikas Mahajan, however, noted that the “SPP has not clarified successful what mode the 2 volumes person been preserved successful their entirety”. The precocious tribunal directed the constabulary to record a presumption study to this effect by the adjacent proceeding date, January 31.

Kalita had archetypal raised the allegations of tampering with records earlier the magistrate tribunal and sought that the tribunal unafraid the implicit booklet pertaining to the applicable lawsuit diaries. The JMFC tribunal had opined that portion the allegation “raises suspicion connected the mentation of the probe agency” and “while determination whitethorn beryllium merits” successful the allegations raised by Kalita, it had, however, ruled that the tribunal “cannot spell into the truthfulness and veracity of the allegations”.

The magistrate tribunal had further recorded that the contented raised pertains to procedural facet and that CrPC conception 161 statements are “not adjacent substantive portion of evidence,” and frankincense ruled that determination was “no requirement” of calling for the booklets. If tampering is proven successful the lawsuit diaries, it whitethorn beryllium an disposable crushed for Kalita to question discharge from the offences.