Delhi Riots UAPA Case: Court Refuses To Provide Entire CCTV Footage, Chats Of Police WhatsApp Groups To Devangana Kalita

A Delhi Court recently refused to provide entire CCTV footage pertaining to the North-East Delhi area, where riots erupted in 2020, and chats of WhatsApp groups of police officials to Devangana Kalita, one of the accused in a UAPA case alleging a larger conspiracy behind the violence.Considering the nature of case and the fact that investigation is ongoing in other individual riots cases, Additional Sessions Judge Amitabh Rawat agreed with the Delhi Police’s stand that the entire footage for the North-East Delhi, which are relevant for individual cases and supplied to the accused named therein, need not be supplied to Kalita in the UAPA case. As Special Public Prosecutor Amit Prasad submitted that relevant chats pertaining to the larger conspiracy case have been supplied to Kalita except chats of official police WhatsApp groups which may contain sensitive information or privileged communication, the court said:“This court had earlier ordered that supply of the complete chats of entire WhatsApp group to all accused persons but on the aspect of official/police WhatsApp group chats, it contains information about police officials and their activities and the relevant chats/relied upon have been filed and supplied.”It added: “In my view, supply of the entire chats of the said group is not required under Section 207 Cr.P.C. The same would hold for other police WhatsApp groups.”The court disposed of Kalita’s application moved under section 207 of CrPC which provides that the concerned Magistrate shall provide the copies of documents or relevant material relied upon by the prosecution free of cost to the accused “without any delay.”Previously, the court ordered that Kalita be provided with various documents like chats of Whatsapp groups of DPSG, JCC group, MSJ and CAB as well as documents pertaining to AAZMI which were kept in sealed cover. "In view of the above discussion, the aspect of compliance under Section 207 Cr.P.C of accused Devangana Kalita stands disposed off,” the court said. The judge also ordered day-to-day hearing on the point of framing of charges in the case against the accused persons namely Tahir Hussain, Umar Khalid, Khalid Saifi, Isharat Jahan, Meeran Haider, Gulfisha Fatima, Shifa-Ur-Rehman, Asif Iqbal Tanha, Shadab Ahmed, Tasleem Ahmed, Saleem Malik, Mohd. Saleem Khan, Athar Khan, Safoora Zargar, Sharjeel Imam, Faizan Khan and Natasha Narwal.“List the matter for arguments on the point of charge on 11.09.2023 onwards for day to day hearing. Ld. Special Public Prosecutor shall begin the argunents on 11.09.2023,” the court said.The Delhi Police has filed a total of four chargesheets in FIR 59/2020 which is being probed by the Special Cell. While the first chargesheet was filed on September 16, 2020, three supplementary chargesheets were filed on November 22, 2020, February 24, 2021 and March 02, 2022.Click Here To Read Order

Delhi Riots UAPA Case: Court Refuses To Provide Entire CCTV Footage, Chats Of Police WhatsApp Groups To Devangana Kalita

Nupur Thapliyal

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