The Delhi High Court has now issued notice on the petitions by the student activist and asked the investigating agency to file its response, but refused to grant a stay on the trial court proceedings in the meantime, reports PTI.

Kalita made the plea that she needed the videos and chats to prove her innocence, but the Delhi Police counsel contended that her petitions were not maintainable. He said further investigation was still underway in the cases and material being sought by the petitioner was not part of the charge sheet. Interestingly “investigations” have been on since the crackdown on close to two dozen such student activists between April and June 2020. PTI reports that, Justice Amit Bansal listed the case for further hearing on January 17 and said, “There is no question of stay till I hear both sides”.

Meanwhile, Kalita’s counsel submitted that the Delhi Police had commissioned certain persons to record the protests against the Citizenship Amendment Act and National Register of Citizens in February 2020 and the footage should be supplied to her before the trial court proceeds to hear the arguments on the framing of charges. “Those videos will demonstrate that from February 22 to 26 (of 2020), we were protesting peacefully. The videos will demonstrate that.. I want to exercise my valuable right of discharge (in the criminal cases),” he said.

“The case against me (in one of the FIRs in the present matter) is a serious one, of murder. I am said to be part of a group of protestors under the Jafrabad flyover. Selective screen grabs have been taken… The videos exist. I say it is exculpatory. Provide me the videos,” Kalita’s lawyer argued. Besides the video footage, the lawyer also sought the “entire WhatsApp chat” of a group, “selective extracts” of which were allegedly being used against the petitioner.

Student activists Devangana Kalita, Natasha Narwal, Jamia Coordination Committee members Safoora Zargar, former AAP councillor Tahir Hussain and several others have also been booked under various FIRs in relation to the riots in the North-East Delhi, which left 53 people dead and over 700 injured in February 2020. Kalita, Sharjeel Imam, Khalid Saifi, Umar Khalid and others have been accused of being the “masterminds” behind the violence that took place at a time when the then US president Donald Trump and other dignitaries were in the national capital.

In a historic verdict under the dreaded UAPA (Unlawful Practices Prevention Act), the Delhi High Court had granted bail to three of them –Asif Tanha, Natasha Narwal and Devangana Kalita, in June 2021.

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Additional Sessions Judge who disposed of Pinjra Tod activist Natasha Narwal’s bail plea, has now rejected Devangana Kalita’s application too. Devangana Kalita is also one of the Pinjra Tod members and a Jawaharlal Nehru University (JNU) student, accused of conspiracy in the Delhi riots of February 2020.

The ASJ held, “On the perusal of the charge­sheet and accompanying documents, for the limited purpose of the bail, I am of the opinion that allegations against the accused Devangana Kalita are prime facie true….there are reasonable grounds for believing that the accusation against the accused Devangana Kalita are prime facie true, hence embargo created by section 43D of UAPA applies for grant of bail to the accused.”

Even though her counsel argued that the prosecution had no video evidence to prove or show the role of Kalita in the riots case, ASJ Amitabh Rawat opined that, “at this stage, I am of the opinion that in a case of a conspiracy of such a large scale, not having a video is not so vital as generally conspiracy, by its very nature, is hatched in secrecy and not having videos of such a conspiracy is obvious rather than doubtful.”

He further noted, “In a case of conspiracy, even the presence of an accused at a site is not a sine qua non for establishing his or her role. In the present case, the presence of the applicant/accused is established over a period of time. Moreover, seizure of any weapon etc. from the accused is neither shown nor essential.”

The Sessions court also observed that some WhatsApp messages show that there was some opposition to the road block plans of Pinjra Tod and that the accused as well as other members sloganeered, “kafan baandh ke aye hain, aur jo hamare saath nahi, who desh ka gaddar hai” when local women protestors requested them to not block it.

Emphasising the magnitude of the alleged conspiracy the court noted that the contention raised by Kalita’s counsel that she had no role in raising funds for the riots is misplaced and that “other accused persons in this case are alleged to have done their part in the conspiracy and the conspiracy has to be read as a whole and not piecemeal. There are linkages shown by the prosecution between applicant/ accused Devangana Kalita with accused persons.”

Finally noting that UAPA has been rightly invoked, her application for bail was disposed of. Both Devangana Kalita and Natasha Narwal were arrested on May 24, 2020 and have been in jail since then.

The order may be read here: 

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The post Delhi court denies bail to Devangana Kalita in UAPA case appeared first on SabrangIndia.

According to Delhi Police, a plea moved by Jawaharlal Nehru University (JNU) student and activist Devangana Kalita, seeking copies of videos of anti-Citizenship Amendment Act (CAA) protests was “not maintainable”. The Delhi Police told the Delhi High Court this on January 14, in response to the plea filed by Kalita, who is an accused in a case related to the North-East Delhi riots of February 2020.

Multiple news portals reported that the issue regarding maintainability of the plea was raised before Justice Suresh K Kait by Additional Solicitor General SV Raju, appearing for the Delhi Police. The court has told the Delhi Police to “file an affidavit on the maintainability aspect within a week, with advance copy furnished to the other side. Response thereto, if any, be filed within five days thereafter”. The matter will be heard next on February 4.

Kalita, in her plea sought copies of videos of anti-CAA protests and other electronic data available with the police in the matter that were filed along with the charge-sheet in the case, stated news reports. Kalita is in judicial custody in the case under the anti-terror law Unlawful Activities Prevention Act (UAPA), however, she has been granted bail in the case related to the riots in Jaffarabad area.

Delhi Police had earlier told a Delhi Court that Devangana Kalita, an MPhil student, and the founding member of Pinjra Tod, a collective of women academics, was trying to create a ‘narrative to show’ that Bharatiya Janata Party (BJP) politician Kapil Mishra were behind the communal riots that raged through North East Delhi in February 2020. Delhi Police, while opposing the bail application of Devangana Kalita, told a Delhi court that she created “a narrative” and then made the larger masses believe that the narrative was correct.    

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According to Delhi Police, Devangana Kalita, an MPhil student, and the founding member of Pinjra Tod, a collective of women academics, was trying to create a ‘narrative to  ‘show’  that Bharatiya Janata Party (BJP) politician Kapil Mishra was behind the communal riots that raged through North East Delhi in February 2020.

According to a report in the Indian Express, the Delhi Police, while opposing the bail application of  Devangana Kalita, told a Delhi court that she was creating “narratives” to show that Kapil Mishra was behind the riots, “and making this viral to make people believe it was the truth.” The Special Public Prosecutor Amit Prasad, who appeared for Delhi Police made these submissions were made before Additional Sessions Judge Amitabh Rawat. The court put up the matter for further hearing on December 16. Citing a media report, Kalita’s counsel Adit Pujari had argued that the riots were not started by the anti-CAA protesters, but rather by pro-CAA protesters led by Mishra, reported IE.

However the public prosecutor stated that she created “a narrative” and then made the larger masses believe that the narrative was  correct, “so that the masses believe that the prosecution is targeted against one community… Will these media reports decide the fate of prosecution? The accused is trying to show that Kapil Mishra was behind all these and that the police was investigating only one side… Why has the accused relied on media reports? Because the accused also need to take shelter under something. If the investigation, the prosecution and this country is to continue on the foundation of what is being reported in the media, then that is the end of rule of law,” Prasad was quoted by IE.

He countered Adit Pujari’s contention that the prosecution had selectively placed messages from WhatsApp chats to prove their case against Kalita, saying, “every bit and pieces of investigation cannot be part of the chargesheet”. According to him, Kalita cannot say that her case is different from that of the co-accused Sharjeel Imam and that they were following separate paths, reported IE. “I have demonstrated from the tweet of Pinjra Tod that Pinjra Tod was supporting Sharjeel Imam. From the speeches of Imam, it is clear what was the intent. When I want to connect the two, the accused says they were travelling in separate paths and not to connect them. All that the accused was trying to do is create a narrative and not go beyond that,” Prasad said.

It was only in October that the  Supreme Court through its 3 Judge Bench comprising Justices Ashok Bhushan, R Subhash Reddy and M R Shah dismissed a Special Leave Petition on filed by the Delhi Police challenging the Delhi High Court order granting bail to Devangana Kalita accused in the Delhi Riots. On September 1, 2020 Justice Suresh Kumar Kait of the Delhi High Court had granted bail to the Pinjra Tod activist in the matter Devangana Kalita vs State of NCT Delhi (Bail App. No. 2038 of 2020). 

Additional Solicitor General of India SV Raju, appearing for State of NCT Delhi, had argued that Kalita is an “influential person” and that she could “tamper evidence” in the case and that the High Court omitted to take cognizance of the relevant aspects of this case.  However, Justice Ashok Bhushan questioned the ASG as to, “How can she tamper evidence? She is not going to run away after evidence.” Justice M R Shah also intervened and asked, “How can the influence of a person be a ground to deny bail?” Justice Bhushan further added that in case she attempted to tamper evidence or influence the witnesses, the Delhi Police shall have the option of seeking a bail cancellation. Despite the ASG’s protestations, Justice Bhushan disposed of the petition by saying, “We are not inclined to interfere. It is only grant of bail. Dismissed.” 

Devangana Kalita was arrested on May 23, 2020 in FIR No. 50/2020 registered at the Jafrabad Police Station in relation to the communal violence which had broken out in North East Delhi in February 2020. It was alleged that she mobilized a crowd of a particular community at the protest site near Jafrabad metro station on February 22 and 23 with an intention to instigate a section of people to indulge in rioting that led to loss of lives and destruction of public and private properties. But she was granted bail by the Delhi High Court citing lack of evidence to show that she instigated violence or gave a hate speech. 

She has also been booked under the Unlawful Activities (Prevention) Act, in a separate case related to the communal violence, for allegedly being part of a “premeditated conspiracy” in the riots. In all, four cases have been registered against Kalita, including and in relation to the riots and violence in old Delhi’s Daryaganj area during protests against the citizenship laws in December 2019.

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SC refuses to interfere in Devangana Kalita’s bail order

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A Delhi court has granted bail to JNU student Devangana Kalita, who is also the co-founder of a women’s rights collective ‘Pinjra Tod’, in Daryaganj violence case. Natasha Narwal, the other founder of Pinjra Tod is the co-accused in this case.

Kalita and Natasha Narwal, both research scholars in Jawaharlal Nehru University, were arrested on May 23 in a case related to violence that erupted in Jafrabad during the anti-CAA women’s sit-in. They were granted bail on May 24 in the Jafrabad violence case at a special hearing at Mandoli Jail by the same Duty Magistrate for the reason that no prima facie case of assault on public servant was made out and also the Magistrate observed that the accused, well-educated and having strong roots in society, were merely protesting against CAA and NRC without violence.

In this FIR, offences under sections 147 [Punishment for rioting], 148 [Rioting, armed with deadly weapon], 149 [Every member of unlawful assembly guilty of offence committed in prosecution of common object], 153A [Promoting enmity between different groups], 436 [Mischief by fire or explosive substance], 437 [Mischief with intent to destroy or make unsafe a decked vessel], 323[Punishment for voluntarily causing hurt], 325 [Punishment for voluntarily causing grievous hurt], 332 [Voluntarily causing hurt to deter public servant from his duty], 362 [abduction], 186 [Obstructing public servant in discharge of public functions] and 120B [criminal conspiracy] of the IPC were invoked. This was in relation to violence that occurred in Daryaganj area of Delhi.

The police had based their arguments on medico-legal certificates (MLCs) of injured persons who claimed she was present at the scene of the violence but the Magistrate observed that the CCTV footage did not specifically show the accused to be involved in any violent activity. He further held that mere MLCs of the injured persons were not enough to make a strong prima facie case for denial of bail to the accused.

The court observed, “the inference whether the accused incited or participated in the mob violence or had intended to participate in a peaceful protest only which later on acquired a violent nature, can only be reached upon after appreciation of evidence in course of trial. Accused is not a habitual offender or a previous convict..” The court granted Kalita bail on condition that she will not indulge in similar activity and will cooperate with the investigation and further furnish a bond of Rs. 30,000 with two sureties of same amount. The court also directed Kalita to deposit her passport to the court.

While granting bail, the court also observed, “The accused allegedly, on the basis of social media posts participated in protests against the NRC Bill, but so far as the investigation been carried out till now, no direct evidence attributable to the accused has been found to bring her to the offences u/s 325/352 of IPC.”

In a statement, Front Line Defenders, an organization working with the aim of protecting human rights defenders, said, “In defending the Constitution and protesting the CAA, Devangana Kalita and Natasha Narwal are protesting against the systematic targeting of minority communities and the removal of legal and social safeguards aimed at protecting some of India’s most vulnerable groups.”

Prior to Narwal and Kalita, Safoora Zargar, Meeran Haider, Umar Khalid, Asif Iqbal Tanha, Shifa-Ur-Rahman, Tahir Hussain (AAP Councilor) had been arrested under the stringent Unlawful Activities Prevention Act (UAPA). Front Line Defenders notes that in each of the arrests, there is a disturbing pattern of including more serious charges – including under anti-terror laws – post arrest, to ensure continued incarceration, despite the risk of Covid-19.

The organization notes that the activists are facing prolonged detention as a direct reprisal to their peaceful human rights work and condemns the ongoing judicial harassment of these human rights defenders.

Two bails later, Kalita will still be in custody. When she was granted bail in the Jafrabad case on May 24, the Delhi Crime Branch had immediately moved an application to remand her and Narwal in custody in connection with the northeast Delhi riots. The Magistrate had remanded them to 2 days custody then which, as per LiveLaw, is being subsequently extended from time to time. Narwal was also separately arrested by the crime branch in a Unlawful Activities (Prevention) Act (UAPA) case.

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