Devangana Kalita claims that although the chargesheet contains video footage and WhatsApp conversations related to the CAA/NRC protests, the defendants have been denied access to these materials. Devangana Kalita, an activist with Pinjra Tod, urged the Delhi High Court on Thursday to serve notice to the Delhi Police regarding her plea for access to video footage and WhatsApp chat transcripts from police groups during the CAA and NRC protests, which have been cited in the chargesheet for the Delhi riots case.
Upon reviewing the plea, Justice Amit Bansal has directed the police to present their stance on the matter. The case is set to resume on January 17, 2024. Kalita has approached the High Court twice to challenge the trial court’s refusals to grant her the video footage and WhatsApp chat transcripts.
One case relates to the alleged conspiracy behind the Delhi unrest, while the other involves the murder of a person near the Jafrabad overpass during the protests.
Represented by lawyer Adit S. Pujari, Kalita’s case was brought before the bench, where Pujari expressed concern that the full recordings and chat logs have not been handed over despite being part of the evidence in the chargesheets by the Delhi Police.
“The entire video is crucial. They’ve selected specific images from it. We need the complete video before the argument on charges is made; it will show our peaceful protest activities from February 22 to February 26, 2020. There was stone-throwing from the other side, but there’s no intention from them to produce the full videos. It’s been three years and nine months, and they still haven’t provided the full video,” Pujari emphasized.
Madhukar Pandey, the Special Public Prosecutor for the Delhi Police, questioned the petitions’ admissibility and pointed out the delay in filing them. Pandey noted that the police’s investigation is ongoing and some suspects remain at large.
The Delhi Police have also argued that releasing the WhatsApp chat transcripts of police groups might compromise intelligence-gathering efforts. After a thorough review, Justice Bansal decided that he would not halt the trial proceedings without a detailed hearing from both sides.
Consequently, the bench has issued a notice and set a date for the next hearing.
