The Delhi High Court on Thursday issued notice to Delhi Police on a plea by Pinjra Tod activist Devangana Kalita seeking video recordings of the protests against the Citizenship Amendment Act (CAA) and National Register of Citizens (NRC) relied on by the prosecution in the Delhi riots case, as well as WhatsApp chats of police groups.
Justice Amit Bansal heard the plea and directed the Police to file their reply.
The matter will be heard next on January 17, 2024.
Kalita has filed two petitions before the High Court challenging trial court orders denying her prayer for the video footage as well as plea for transcript of WhatsApp chats.
While one case relates to the alleged larger conspiracy behind the Delhi riots, the other concerns the murder of a person protesting near the Jafrabad flyover.
Advocate Adit S Pujari appeared for Kalita and told the bench that the videos and WhatsApp chats are a part of the Delhi Police’s chargesheets and have been relied upon by the prosecution.
Yet, the videos and chats in full have not been provided to her, Pujari stressed.
“The entire video is there. From that video, selective photographs have been taken. I say prior to arguments on charge, provide me the whole video and they will demonstrate that between February 22, 2020 to February 26, 2020, we were protesting peacefully. There was stone pelting from the other side, but they don’t want to produce the videos. Three years and nine months have gone by and they don’t want to provide the video,” he argued.
Special Public Prosecutor (SPP) Madhukar Pandey appeared for Delhi Police and challenged the maintainability of the petitions. He also pointed out that there was a delay in filing the petitions.
Pandey stated that the Delhi Police were still investigating the case and that certain accused persons were still absconding.
It was also Delhi Police's case that if the WhatsApp chats of police groups are provided, it will compromise the way intelligence is gathered.
After considering the case, Justice Bansal observed that he would not pass any order regarding the stay of the trial without hearing both sides in detail.
The Bench, therefore, issued notice and listed the matter for further hearing in January.