Delhi riots: SC stays HC order on Kalita inspecting case documents

The Supreme Court stayed a Delhi High Court order allowing 2020 Delhi riots accused Devangana Kalita to inspect unrelied 'malkhana' documents. The Delhi Police had challenged the order, arguing that an accused has no right to inspection before charges are framed.

The Supreme Court on Monday stayed a Delhi High Court order permitting 2020 Delhi riots accused Devangana Kalita to inspect unrelied 'malkhana' documents and other material collected during the investigation in the case. The larger conspiracy case.

A bench of Justices Aravind Kumar and Vipul M Pancholi passed the interim order while hearing a plea filed by the Delhi Police challenging the High Court's decision. The bench also issued notice on the Delhi Police's appeal and stayed the operation of the High Court's order.

High Court's Initial Order

The Delhi High Court on June 5 had allowed her to inspect the documents, including material seized during the investigation, but neither relied upon by the investigating agency nor filed along with the chargesheet.

Arguments in the Supreme Court

Additional Solicitor General SV Raju, appearing for the Delhi Police, told the apex court that inspection was not warranted at this stage since Kalita was not entitled to any documents until charges were framed. He added that only prosecution documents ought to be looked at before trial.

Relying on an earlier top court judgement, Raju submitted that a trial begins only after charges are framed, and an accused has no right to inspection before. He said the plea of Kalita was aimed at delaying the trial, since arguments on the charge were still pending before the trial court.

The counsel for Kalita responded that the apex court judgement itself holds that an accused is entitled to inspect unrelied documents prior to trial.

Background of the Larger Conspiracy Case

The case pertains to the alleged larger conspiracy behind the 2020 Delhi riots, in which the Delhi Police has invoked provisions of the Unlawful Activities (Prevention) Act (UAPA). The chargesheet names 18 accused, including Umar Khalid, Sharjeel Imam, Safoora Zargar, Natasha Narwal and Devangana Kalita.

Arguments on the framing of charges commenced before the Karkardooma Court on September 5, 2024. In September of the same year, the Delhi High Court had stayed the trial court from passing a final order on the framing of charges in the larger conspiracy case.

However, by its judgment of June 5, 2026, the High Court lifted the interim stay, permitting the trial court to proceed with the framing of charges, while also allowing Kalita to inspect evidence that was not relied upon by the Delhi Police.

While the High Court permitted Kalita to inspect the unrelied 'malkhana' documents, it rejected her plea seeking access to videos of the anti-CAA/NRC protests and police WhatsApp chats.

Thereafter, challenging the High Court's order, Delhi Police approached the top court. (ANI)

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