The Supreme Court on Monday, 20 July stayed a Delhi High Court order that had permitted Devangana Kalita, an accused in the 2020 North-East Delhi riots larger conspiracy case, to inspect unrelied electronic evidence stored in the police malkhana — and this before the stage of framing of charges. The apex court's intervention came on a Special Leave Petition filed by the Delhi Police challenging that High Court decision.

What the Supreme Court Ordered

A Bench of Justice Aravind Kumar and Justice Vipul M. Pancholi passed the interim stay while hearing the Delhi Police's petition. The Bench simultaneously clarified that the trial court remains free to proceed with hearings on the framing of charges, ensuring the case does not stall further.

The court observed that Kalita's submissions — that videos would show her participating peacefully in anti-CAA protests — amounted to a defence argument that could be raised at the appropriate stage during trial, not at the pre-charge stage.

Arguments on Both Sides

Appearing for the Delhi Police, Additional Solicitor General S.V. Raju contended that an accused is not entitled to inspect unrelied documents before charges are framed, citing earlier Supreme Court precedents. He further argued that the plea was designed to delay the trial, noting that arguments on charge were still pending before the trial court. He submitted that if Kalita were ultimately discharged, the question of inspection would not arise at all.

Counsel for Kalita countered that she was seeking access to videos demonstrating her participation in peaceful anti-CAA protests rather than any act of violence. 'If the videos show I am sitting peacefully, I should be discharged; why should I go through the trial?' Kalita's counsel argued.

Background: The High Court's June 5 Ruling

The SLP arose from a June 5 judgment of the Delhi High Court, which had dismissed Kalita's plea seeking copies of videos of anti-CAA-NRC protests and WhatsApp chats of police personnel collected during the investigation, but had allowed her to inspect unrelied documents kept in the malkhana. Justice Neena Bansal Krishna had directed the prosecution to facilitate expeditious inspection of the malkhana in accordance with law, while also directing Kalita to cooperate so that the trial was not unnecessarily delayed.

That same High Court ruling had vacated an interim order passed in September 2024 that had restrained the trial court from passing a final order on framing of charges — effectively clearing the path for the trial to proceed. The Supreme Court's stay now partially reverses the inspection permission while keeping that path open.

The Larger Case and Kalita's Status

According to the Delhi Police, several student activists who organised protests against the Citizenship Amendment Act (CAA) during 2019-20 allegedly conspired to engineer the communal riots that broke out in North-East Delhi in February 2020. Kalita is among the accused charged under the Unlawful Activities (Prevention) Act (UAPA) in this larger conspiracy case.

She was granted bail by the Delhi High Court in June 2021 alongside co-accused Natasha Narwal and Asif Iqbal Tanha — a decision that was subsequently upheld by the Supreme Court. The charge-framing stage, still pending before the trial court, will now proceed without the inspection of unrelied electronic evidence.

What Happens Next

With the Supreme Court's stay in place, the trial court is expected to resume arguments on framing of charges in the 2020 North-East Delhi riots conspiracy case. The apex court is yet to issue notice or set a final hearing date on the Delhi Police's SLP, meaning the legal question of whether an accused can inspect unrelied documents before charge-framing remains to be conclusively decided.