New Delhi [India], June 5 (ANI): Delhi High Court on Friday vacated the stay restraining the trial court from pronouncing the final order on framing of charges in the larger conspiracy of the 2020 riots case.
High Court vacated the stay while dismissing the petition of Devangana Kalita seeking the supply of video recording of the CAA NRC protest and WhatsApp chats relied upon by the Delhi police.
Justice Neena Bansal Krishna rejected the petition moved by Devangana Kalita, who is accused in the larger Conspiracy of Delhi Riots case. She had sought a direction to supply the videos and chats relied upon by the Delhi Police.
However, the Delhi High Court has allowed a petition seeking permission to inspect the Malkhan of the police station. Malkhan is a place where the case properties and other evidence are kept during investigation and trial.
While rejecting the petition, the bench said, “It is evident that all the evidence against the Petitioner, relied by the Prosecution, is already on record, along with the Charge-Sheets. The copies of all the relied documents, in compliance with Section 207 Cr.P.C., have already been provided to the Petitioner.”
“The documents, like WhatsApp groups of DPSG, JCC group, MSJ, CAB, etc., were ordered to be supplied to all the accused persons, including Applicant/accused, Devangana Kalita,” Justice Neena Bansal Krishna said.
The bench also pointed out that in the afore-reproduced Order, the Learned Special Judge has comprehensively dealt with all three lists detailing the documents to be supplied.
“It was observed that for those individual offences of riots, separate cases of rioting have been registered in North East Delhi, and certain footage exists and is used in those cases. The requisite documents have all been provided,” Justice Krishna noted.
Justice Krishna held, “In so far as the documents about other accused, and the supply of the WhatsApp chats, are concerned, these are not relied upon against the Petitioner, for which she has a right to seek the List/Inspection, a right which has already been availed by the Petitioner. These documents have been rightly denied in the Chargesheet.”
“The Order of 05.08.2023 disposing of the Application under Section 207 Cr.P.C., does not merit any interference, and is accordingly dismissed,” the bench said.
Devangana Kalita is an accused in a case under UAPA linked with the alleged larger Conspiracy of the North East Delhi riots. The trial court is hearing arguments on the framing of charges. Delhi police is to make its rebuttal arguments in the second week of July. (ANI)
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