New Delhi, Mar 9 (PTI) The Supreme Court on Monday dismissed a plea filed by student activist Devangana Kalita, seeking reconstruction of the case diary in a probe against her in connection with the 2020 Delhi riots.
Reconstructing a case diary is a legal process essential for maintaining the integrity of an investigation and ensuring a fair trial.
A bench of Justices Aravind Kumar and PB Varale refused to interfere with a 2025 order of the Delhi High Court, which had partly rejected her plea.
Kalita’s counsel argued that certain material supplied by the prosecution against her was “antedated” and appeared to be forged.
The bench questioned the timing of the plea, noting that the trial had commenced three years ago and asked what steps had been taken during this time.
Referring to Code of Criminal Procedure (CrPC) section 172(3) (the accused is not entitled to access the case diary), Justice Kumar said the high court’s order did not warrant interference.
On September 22, last year, the Delhi High Court had partly rejected the plea of Kalita’s plea seeking reconstruction of the case diary but allowed her request for preservation of the document.
Earlier, on December 2, 2024, the high court had passed an interim order directing the Delhi Police to preserve the case dairies.
Kalita has challenged a trial court’s November 6, 2024, order, which had declined her request to call for the case diary. The police had then opposed the request on the grounds that it would delay the matter further.
The trial court had said that at this stage, it could not look into the truthfulness and veracity of her allegations that raised a “suspicion on the version of the investigating agency”. It had asked her to raise the issue at an appropriate stage.
Kalita’s counsel had alleged that the police added “antedated” statements to the case diary, which is impressible in law, and, therefore, urged the court to pass a direction to “reconstruct” and “preserve” the document.
The lawyer had claimed that at the stage of framing of charge in the case, which pertains to an FIR registered at Jafrabad police station, the police had introduced “antedated” statements in the case diary to allege that the accused was instrumental in causing “dhakka-mukki” (jostling) with the police.
On June 15, 2021, the high court granted bail to three students from Jawaharlal Nehru University and Jamia Millia Islamia in a north-east Delhi riots case and observed that in its anxiety to suppress dissent, the state has blurred the line between right to protest and terrorist activity.
The high court had noted that if such a mindset gained traction, it would be a “sad day for democracy”.
Terming the definition of ‘terrorist act’ under the stringent Unlawful Activities Prevention Act (UAPA) “somewhat vague” and warning against its use in a “cavalier manner”, the high court set aside the trial court orders denying bail to student activists Natasha Narwal, Devangana Kalita and Asif Iqbal Tanha, allowing their appeals and admitting them to regular bail.
Communal violence broke out in northeast Delhi on February 24, 2020, after clashes between supporters and opponents of the citizenship law spiralled out of control, leaving at least 53 people dead and around 700 injured. PTI MNL MNL OZ OZ
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