Delhi HC directs police to preserve Jafrabad violence case diary

The case stems from an FIR lodged on February 26, 2020, alleging that Kalita, Narwal and others, including Umar Khalid and Gulfisha Fatima, conspired to incite unrest in Jafrabad under the pretext of peaceful protests

The Delhi High Court on Monday directed the Delhi Police to preserve the case diary related to the Jafrabad violence, which had resulted in one death, during the February 2020 Delhi riots.

A bench of justice Ravinder Dudeja, however, rejected activist Devangana Kalita’s plea for reconstruction of the case diary. (Representative photo)

A bench of justice Ravinder Dudeja opined that although the case diary was not evidence, its absence has the likelihood to affect the fairness of the trial. The court, however, rejected activist Devangana Kalita’s plea seeking its reconstruction by adding other pages.

“The case diary is not the evidence, but its absence may affect the fairness of trial and therefore directions may be given to preserve it. The power of giving such directions flows from the court duty to ensure compliance with Article 21 and its inherent powers and under Section 482 Cr.P.C. In view of the same, the interim order dated 02.12.2024 issuing directions for the preservation of the case diaries particularly volume nos. 9989 and 9990 is made absolute,” the court said.

In her petition, Kalita had sought preservation and reconstruction of the case diaries, asserting that the Delhi Police had tampered and ante-dated witness statements that were part of the case diary, on the ground that the subsequent pages contained the statements recorded earlier, while prior numbered pages contained the statements recorded later. This, the petition said, raised suspicion on the version of the investigating agency.

The Delhi Police had opposed the petition asserting that the allegation of ante dating was raised three years after the commencement of trial only to delay its adjudication, which was at the stage of arguments on charge. The additional public prosecutor further submitted that the restoration of the case diary was a procedural aspect which would be dealt with during the later stage of trial, if the trial court is of the opinion that any infirmity exists.

The case stems from an FIR lodged on February 24, 2020, alleging that Kalita, Narwal and others, including Umar Khalid and Gulfisha Fatima, conspired to incite unrest in Jafrabad under the pretext of peaceful protests. Kalita was granted bail in the case in September 2020, a decision upheld by the Supreme Court on June 18, 2021.