Delhi HC Rejects Devangana’s Plea to Reconstruct 2020 Riots Case Diary

The Delhi High Court on Monday dismissed a plea by student activist Devangana Kalita seeking the reconstruction of case diaries related to her investigation in a case stemming from the 2020 northeast Delhi riots, while upholding an order for their preservation. Justice Ravinder Dudeja's ruling underscores the balance between procedural safeguards and judicial efficiency in a high-profile matter that has drawn scrutiny over alleged investigative irregularities.

"The petition is partly allowed. As far as the request for preservation is concerned, the interim order (dated December 2, 2024) is made absolute. "So far as reconstruction of the police diary is concerned, the same is rejected," the court stated in its pronouncement. The detailed verdict is pending release. This decision addresses Kalita's challenge to a November 6, 2024, trial court order that denied summoning the case diary, citing potential delays. Delhi Police had opposed the move, arguing it would prolong proceedings in the ongoing trial.

Kalita's counsel contended that police had inserted "antedated" statements into the diary—entries predated to implicate her—violating legal standards. The lawyer urged reconstruction to verify authenticity, particularly at the charge-framing stage under an FIR at Jafrabad police station. The allegations centred on claims that Kalita orchestrated "dhakka-mukki" (pushing and shoving) with officers during protests. The trial court had deferred scrutiny of these claims, advising they be raised later in the process, a stance now reinforced by the High Court.

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The case traces back to the February 2020 communal clashes in northeast Delhi, triggered by escalating tensions between supporters and opponents of the Citizenship Amendment Act. The violence, which unfolded over several days starting February 24, resulted in at least 53 deaths—mostly Muslims—and over 700 injuries, marking one of India's worst outbreaks of rioting in decades.

It led to multiple FIRs and trials, with activists like Kalita, a former Jawaharlal Nehru University student, charged under anti-terror laws, including the Unlawful Activities (Prevention) Act. Her bail was granted by the Supreme Court in June 2021, but the proceedings continue amid debates on protest rights and police conduct.

This ruling may prompt appeals or further legal manoeuvres, as Kalita's team weighs options to challenge the reconstruction denial. It highlights ongoing tensions in riot-related cases, where defence arguments often question evidence integrity, while authorities prioritise swift adjudication to deter communal unrest.

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