HC chastises Delhi Police; asks for proof against Pinjra Tod member in North-East Delhi Riots

The Delhi HC while listening to a bail plea of Pinjara Tod member, Devangana Kalita in relation to riots that happened in North-East Delhi earlier this year, asked the Delhi Police to show proof against her for their accusation that she made instigating speech.

Many were arrested after the violence took place for instigating the violence. They were booked for crimes namely, rioting, unlawful assembly, and delivering inflammatory speeches.

Hon’ble Justice Suresh Kumar Kait stated that if the Police were sure that Kalita has been creating a nuisance since 2019 then where was the proof for the same. He further added that since the media played a big role, and they recorded almost everything relating to the riots then they must show the portion of the speech which instigated the mob to commit the crime.

The Investigating Officer (hereinafter, IO) submitted that since Kalita was behind the Jafarabad Metro Station and almost a kilometer away from the camera person who was in front, the speech could not be recorded. To this, the Court asked the IO that how did they know that Kalita was making instigating speeches and the IO replied that SHO heard her giving instigating speeches.

The Counsel for the petitioner, Shri. Kapil Sibal submitted that Kalit was being falsely implicated for giving instigating speeches. He further submitted that even though she was present at the protest, there was no evidence of her giving such speeches even though the recording was taking place. Furthermore, she had been given bail in two of the four cases.

The Counsel for the respondent, on the other hand, submitted that even though she has been given bail in two cases doesn’t mean that she was innocent. Additionally, on February 25th when the incident took place, no media recording took place but there were witnesses who showed the wrongdoings of Kalita.

The Order in the case was reserved on Friday.

*The order will be uploaded on LatestLaws.com once the HC site is updated