Delhi Riots: High Court Rejects Devangana Kalita's Plea To Reconstruct Case Diaries, Allows Their Preservation
The Delhi High Court yesterday rejected a plea filed by Devangana Kalita seeking reconstruction of case diaries in relation to a 2020 Delhi riots case, while allowing preservation of the same.
Justice Ravinder Dudeja said that the case diary is not the evidence but its absence may affect the fairness of trial and thus, 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.
It however added that the other pages which do not form part of case diary and would have been used by the Delhi Police for recording statements in various other FIRs cannot be reconstructed as the same was beyond the scope of Section 172 and Section 91 of Cr. P.C.
“The Court is within its competence to read the police diary only for aid and for satisfying its conscience in appreciating the legal evidence available on record but not beyond. The entries in the case diaries are not evidence nor they can be used by the accused in the court unless the case comes within the scope of Section 172(3) Cr.P.C,” it said.
Justice Dudeja dismissed Kalita's plea challenging a trial court order and seeking a direction on the Delhi Police to reconstruct and preserve Booklets 9989 and 9990.
The case was registered on a complaint of an SI alleging that during the anti CAA and NRC protest, a crowd of about 200-400 people gathered below Jafrabad Metro Station and blocked the main road. It was alleged that the crowd caused obstruction to commuters and tension in the area. Chargesheet was filed upon completion of investigation against 26 persons, including Kalita.
In November last year, Devangana raised the issue of tampering and ante dating of the statements recorded by the police under Section 161 of Cr.P.C, which were part of the case dairy and supplementary chargesheet.
It was alleged that there was a discrepancy in the Booklet and Page Numbers of the case diaries on which the statements had been recorded.
The Trial Court had declined the relief to Kalita observing that the issue was a procedural aspect thereby truthfulness and veracity of the allegations could not be looked upon by the court.
Justice Dudeja observed that the information which the Court may get from the entries in case diaries usually will be utilized as foundation for questions to be put to the police witness and the court may, if necessary in its discretion use the entries to contradict the police officer, who made them.
“But the entries in the police diary are neither substantive nor corroborative evidence, and that they cannot be used against any other witness than against the police officer that too for the limited extent indicated above,” the Court said.
It added Section 172 (3) clearly lays down that neither the accused nor his agents shall be entitled to call for such diaries nor he or they may be entitled to see them merely because they are referred to by the Court.
“From the afore-mentioned, it is clear that the denial of right to the accused to inspect the case diary cannot be characterized as unreasonable or arbitrary. The confidentiality is always kept in the investigation and it is not desirable to make available the police diary to the accused on his demand,” the Court said.
Title: DEVANGANA KALITA v. STATE NCT OF DELHI