Judiciary – Delhi High Court Clears Path for Progress in 2020 Riot Conspiracy Case
Judiciary – Legal proceedings linked to the alleged larger conspiracy behind the 2020 North-East Delhi riots have moved a step forward after the Delhi High Court dismissed a petition filed by activist Devangana Kalita seeking access to certain investigation materials relied upon by prosecutors.-
The Delhi High Court on Friday removed a key hurdle in the long-running case concerning the alleged conspiracy behind the 2020 North-East Delhi riots. With the rejection of a plea submitted by activist Devangana Kalita, the trial court is now free to deliver its decision on whether charges should be formally framed against the accused individuals in the matter.
High Court Withdraws Earlier Protection
A single-judge bench headed by Justice Neena Bansal Krishna set aside an interim order that had been in place since September 2024. That earlier direction had allowed the trial court to continue hearing arguments but prevented it from issuing any final ruling on the question of charges until Kalita’s application was decided.
Following Friday’s order, that restriction no longer applies, enabling the lower court to proceed with the next stage of the case.
Request for Videos and Chats Rejected
Kalita had sought access to video recordings related to anti-CAA and NRC demonstrations, along with WhatsApp conversations from police groups that were collected during the investigation. According to her submissions, the footage had been recorded by an agency allegedly engaged through a Delhi Police tender process.
She argued that these materials could support her defence by showing that her involvement was limited to peaceful protest activities and could strengthen her plea for discharge from the case.
However, the High Court declined to grant access to the requested videos and chat records, effectively rejecting that portion of her application.
Permission Granted for Evidence Inspection
While refusing the request for digital records, the court provided partial relief to Kalita through a separate application. The High Court allowed her to inspect the police malkhana, where seized items, physical evidence and other documents connected to the investigation are stored.
This inspection will include materials that investigators have not relied upon in presenting their case before the court.
Background of the Investigation
The controversy stems from the violence that erupted in North-East Delhi in February 2020. Investigators have alleged that a wider conspiracy existed behind the riots and claim that several student activists associated with protests against the Citizenship Amendment Act during 2019 and 2020 played a role in planning the unrest.
Kalita remains one of the accused persons in the larger conspiracy case being investigated under provisions of the Unlawful Activities (Prevention) Act.
Earlier Bail Orders and Recent Developments
In June 2021, the Delhi High Court granted bail to Devangana Kalita, Natasha Narwal and Asif Iqbal Tanha. That decision was later upheld by the Supreme Court.
The case has continued to witness significant legal developments. Earlier this year, the Supreme Court rejected the bail applications of Umar Khalid and Sharjeel Imam, observing that the prosecution’s material disclosed prima facie grounds that attracted restrictions on bail under Section 43D(5) of the UAPA.
At the same time, bail was granted to Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohd Saleem Khan and Shadab Ahmed.
Ongoing Bail Proceedings
More recently, the Supreme Court granted six months of interim bail to Tasleem Ahmed and Khalid Saifi. The court also referred to a larger bench the broader legal question of whether prolonged detention and delays in trial can justify bail despite statutory limitations under the UAPA.
In another development last month, the Delhi High Court granted bail to Salim Malik, also known as Munna, noting that the allegations suggested a local facilitating role rather than that of a central conspirator.
Meanwhile, a division bench of the Delhi High Court has reserved its decision on the bail plea of accused Athar Khan. During the proceedings, the bench observed that WhatsApp conversations placed before the court appeared, at first glance, to indicate active participation in the alleged conspiracy