The Supreme Court has put a stop to Delhi riots accused Devangana Kalita’s request to examine unrelied electronic evidence stored in the police malkhana before charges are framed in the 2020 North-East Delhi riots conspiracy case. The Delhi Police had challenged a Delhi High Court decision allowing Kalita to inspect these documents, arguing that an accused cannot access such materials before charges are formally brought.
The Delhi Police’s Additional Solicitor General argued that permitting inspection of unrelied documents at this stage could delay the trial, especially since arguments on the charges were still ongoing. Kalita’s counsel, on the other hand, contended that she sought access to videos demonstrating her involvement in peaceful anti-CAA protests, not violence, with the aim of potentially avoiding a trial if the videos showed her peaceful participation.
The Supreme Court, led by Justice Kumar, emphasized that defenses like those presented by Kalita should be raised during the trial, not at the charge argument stage. Consequently, the apex court has stayed the Delhi High Court’s order allowing the inspection of unrelied documents, allowing the trial court to proceed with the charge framing process. This legal development stemmed from a Delhi High Court judgment on June 5, which dismissed Kalita’s plea for video access but permitted her to inspect unrelied documents.
