The Supreme Court on Monday (July 20, 2026) stayed a Delhi High Court order permitting Pinjra Tod activist Devangana Kalita to inspect documents and other material collected during the investigation but not relied upon by the Delhi Police in its chargesheet in the 2020 Delhi riots larger conspiracy case.
The interim order came on an appeal filed by the Delhi Police against the High Court’s June 5 judgment, which had allowed Ms.
Kalita to inspect the police malkhana, including material seized during the investigation but neither relied upon by the investigating agency nor filed along with the chargesheet.
2020 Delhi riots | Supreme Court dismisses Delhi Police appeal against bail to activists A Bench of Justices Aravind Kumar and Vipul M.
Pancholi issued notice on the Delhi Police’s appeal and stayed the operation of the High Court’s order.
“In the meantime, there shall be a stay of the impugned order,” the Bench directed.
Appearing for Ms.
Kalita, advocate Adit S.
Pujari submitted that the High Court’s decision was consistent with the Supreme Court’s 2025 ruling in Sarla Gupta v.
Enforcement Directorate, which held that an accused prosecuted under the Prevention of Money Laundering Act (PMLA) is entitled to obtain the list of documents not relied upon by the investigating agency while filing the chargesheet.
He further contended that the prosecution alleged Ms.
Kalita had indulged in stone-pelting during the anti-CAA protests, even though the demonstrations had been videographed in their entirety.
According to him, access to the footage would establish that the protest had remained peaceful and refute the allegations levelled by the police.
“If the videos show I am protesting, and they have not given me where, is the question of saying I was throwing stones?
If I am sitting peacefully, I should be discharged.
Why should I go through the trial?” he said.
Open to trial court to consider Devangana’s fresh plea: HC Opposing the plea, Additional Solicitor General S.V.
Raju, appearing for the Delhi Police, submitted that Ms.
Kalita was not entitled to inspect any material beyond the chargesheet before charges were framed.
“They can’t ask for any other document.
What is the purpose of inspection at this stage?” Mr.
Raju argued.
The Bench agreed with the submission, observing that permitting such inspection at this stage would only delay the trial further.
Referring to the connected proceedings involving co-accused Gulfisha Fatima, Justice Kumar remarked, “This is the same Gulfisha Fatima case.
In this way, you will not conclude the trial in the next 10 years, and you say there is a delay in the trial.
You go and argue before the trial court.” ‘Natasha, Devangana were part of a larger conspiracy’ The Bench, however, clarified that the stay was only an interim direction and that it was not finally deciding the appeal.
“We are not disposing of the appeal.
You file your response,” it said, while posting the matter for further hearing after two weeks.
Pinjra Tod activist has started media trial in her favour: police Ms.
Kalita had approached the Delhi High Court in 2023 seeking access to material that, according to her, would assist her defence before arguments on the framing of charges.
She contended that the Delhi Police had engaged certain individuals to videograph the anti-CAA protests held in February 2020, in which she had participated, and argued that the recordings would establish that her participation had been peaceful.
She also sought access to the WhatsApp chats of a group, alleging that the investigating agency had selectively relied on extracts of the conversations while withholding the remaining exchanges.
HC objects to police affidavit in Devangana Kalita case In September 2024, the High Court restrained the trial court from passing a final order on the framing of charges in the larger conspiracy case.
By its June 5 judgment, however, it vacated the interim stay, allowing the trial court to proceed with the framing of charges while granting Ms.
Kalita access to the evidence not relied upon by the Delhi Police.
Kalita’s petition before the High Court, contending that the interim stay granted in September 2024 was detrimental to the prosecution and was stalling the progress of the trial.
Delhi riots: police say Devangana creating false narrative in media Ms.
Kalita is one of 18 accused in the Delhi Police’s larger conspiracy case relating to the northeast Delhi riots of February 23-25, 2020.
The accused have been charged under provisions of the Indian Penal Code, the Prevention of Damage to Public Property Act, the Arms Act and the Unlawful Activities (Prevention) Act, 1967.
While the main chargesheet was filed in September 2020, it was followed by four supplementary chargesheets, the last of which was filed in June 2023.
She and several other activists were granted bail by the High Court in 2020 in the larger conspiracy case, which was subsequently upheld by the Supreme Court.