Delhi riots 2020: HC asks trial court not to pass order on framing of charges till September 23
New Delhi, India: The Delhi High Court on Thursday asked the Trial Court not to pass a final order on framing of charges till September 23 in a case of an alleged larger conspiracy of Delhi riots 2020. The trial court has begun to hear the arguments on framing of charges.
Justice Neena Bansal Krishna, while hearing pleas moved by Devangana Kalita, asked the trial court not to pass order till September 23.
On November 16, 2023, the High Court issued notice on plea of Devangana Kalita to Delhi police. She sought a direction to supply videos of protest at Jafrabad. She had also sought supply of WhatsApp chats.
She has also sought to stay on the proceedings. However, the High Court had refused to grant interim stay on the proceedings at trial court.
Kalita is also accused in Larger conspiracy of Delhi riots case. Kalita had moved two petitions seeking a direction to Delhi police for providing of videos of anti CAA video prepared by Delhi Police's camera person at Jafrabad area in February 2020.
She has sought interim stay on the proceedings at trial court. She also sought the supply of some documents. Advocate Adit S Pujari had appeared for Kalita. He argued that videos were recorded by the persons hired by Delhi Police.
He also submitted that Seizure memo was prepared and videos were filed along with 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 another is of a special cell related to the larger conspiracy of Delhi riots.
Petitioner's counsel had argued that Selective photos were taken from video. However, the same is not supplied to the accused.
He had also submitted that videos will reflect what we demonstrated peacefully at Jafrabad. They don't want to produce the video under garb of ongoing investigation.
Counsel for petitioner had submitted that four years have gone. Peobe is still underway. Videos mentioned in the lists of seizure and lists of evidence. They have videos of both community. They say we murdered our own men. Videos will show what happened there, counsel argued.
Special public Prosecutor (SPP) Madhukar Pandey appeared for Delhi police and he raised the objection of maintainability of the petition.
He had 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 the High court. Defence counsel said that in larger Conspiracy case, the application was dismissed in August 2023.
Justice Amit Bansal had asked the SPP, " What is your objection in providing the videos. If it is part of your charge sheet."
"Investigation is still underway. 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.
