North East Delhi riots: Delhi HC issues notice on plea of Devangana seeking videos of protest, refuses to stay proceedings
Nov 16, 2023
New Delhi [India], November 16 : The Delhi High Court on Thursday issued notice on the plea of Devangana Kalita to Delhi police. She sought a direction to supply videos of protests at Jafrabad.
She has also sought a stay on the proceedings. However, the Hig Court refused to grant an interim stay on the proceedings at the trial court.
Kalita is an accused in the Larger conspiracy of Delhi riots case also.
Justice Amit Bansal issued notice to the Delhi police and sought a response on the two petitions of Devangana Kalita.
The bench has listed the matter on January 17 for further hearing on the petitions.
Kalita has moved two petitions seeking direction to Delhi police for providing videos of anti-CAA prepared by Delhi Police's cameraperson at the Jafrabad area in February 2020.
She has sought an interim stay on the proceedings at trial court. She also sought the supply of some documents.
Advocate Adit S Pujari appeared for Kalita. He argued that videos were recorded by the persons hired by Delhi Police.
He also submitted that a seizure memo was prepared and videos were filed along with the charge sheet. However, it was not supplied to the accused along with the charge sheet.
Kalita is accused In two cases, one is of Jafrabad Police Station and the other is of a Special Cell related to the larger conspiracy of Delhi riots.
The petitioner's counsel argued that selective photos were taken from video. However, the same is not supplied to the accused.
He also submitted that the videos will reflect how we demonstrate peacefully at Jafrabad. They don't want to produce the video under the garb of an ongoing investigation.
They have videos of both communities. They say we murdered our own men. Videos will show what happened there, the counsel argued.
Special Public Prosecutor (SPP) Madhukar Pandey appeared for Delhi police and accepted notice. However, he raised the objection of the maintainability of the petition.
He submitted that the maintainability is to be seen before considering the merit of the petition. After one year of rejection of their application, they are coming to this court.
Defence counsel said that in the larger conspiracy case, the application was dismissed in August 2023. Justice Bansal asked the SPP, " What is your objection to providing the videos? If it is part of your charge sheet."
The investigation is still going on. Last month, we apprehended one of the accused in the FIR registered at Jafrabad.
There is other evidence, not only videos, against the accused, SPP argued.
