Delhi violence: HC restrains police from issuing statements about Devangana Kalita
Jul 27, 2020
New Delhi [India], July 27 : The Delhi High Court on Monday restrained Delhi Police from issuing any statement regarding Pinjra Tod member Devangana Kalita in connection with the cases related to the northeast Delhi violence till trial commences in the matter.
A bench of Justice Vibhu Bakhru, hearing a plea seeking to stop all leaks of allegations against her to the media, observed that the cases concerning the violence are sensitive in nature.
The High Court had earlier extended its interim order restraining Delhi Police from issuing any statements or circulating information regarding allegations and evidence allegedly collected against Kalita to any person including media and social media.
"The matters concerning communal riots are undoubtedly sensitive. This court is also informed that FIRs filed in such cases are not being publicly disclosed. In these circumstances, this court considers it apposite to direct the respondent not to issue any further communication naming any accused or any witness till the charges, if any, are framed and the trial is commenced," the bench said.
"Unless directed otherwise, the trial is required to be conducted in an open court. Thus, at this stage, this court does not consider it apposite to restrain the respondent from issuing statements at the stage of the trial," it added.
Kalita, in her plea, had alleged that the Delhi Police is leaking information to the media, which is seeking to establish her guilt before the trial has even begun. She said that the leaks to the media can cause severe undesirable effects during the pendency of the case.
She had sought to restrain and prevent the Delhi police from further selective leaks related to the case. She said that the Delhi Police had, through a media note, and selective leaks to the media on contents of charge-sheets, caused immense damage to the reputation and fundamental right to a fair trial and a presumption of innocence.
Kalita was arrested in connection with a case related to a protest against the Citizenship Amendment Act (CAA) in the Jafrabad area of the national capital during the violence in northeast Delhi but was later granted bail.
However, soon after getting bail in the protest case, she was arrested in another case related to the northeast Delhi violence being probed by the Delhi Police and is currently undergoing judicial custody in the matter.