The Delhi High Court on Friday asked the Delhi Police as to why they did not have any video of Devangana Kalita making instigating speeches.
“If she had been creating a nuisance since 2019, the police should have collected some evidence against her,” said Justice Suresh Kait.
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“Do you have anything to show that the speeches she made were troublesome? Don’t you think that you should have recorded or kept some evidence since she has been allegedly making nuisance since 2019?” the court asked the police.
Replying to the court, the Investigating officer (IO) told that Kalita’s video could not be taken as she was about 1 km away, behind the Jafrabad Metro station and their cameraperson was positioned at the front.
Replying to this the judge said, “Then how did you hear that she (Kalita) was making instigating speeches?”
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Replying to this, the IO said that the Station House Officer had gone to the rear of the station where he heard her instigating the crowd.
Appearing for Kalita, senior advocate Kapil Sibal told the court that she had been falsely implicated.
Sibal further said that Kalita had not made any instigating speech even though she had participated in the protest.
He further said that there was no evidence proving her guilt and that Kalita had already been granted bail in two of the four FIRs.
Additional Solicitor General (ASG) SV Raju, countering his submissions, told the Delhi HC that just because she had been granted bail did not mean that she was innocent.
Raju said that Kalita delivered speeches leading to widespread riots in the city and was also part of an unlawful assembly.
It may be mentioned here that Devangana Kalita was arrested in four cases related to communal riots in northeast Delhi in February.
She has been charged with the stringent Unlawful Activities (Prevention) Act for her alleged role in hatching a conspiracy, along with other persons accused.
The Delhi Police also said that the riots were planned by some anti-CAA protesters, who blocked the road and made inflammatory speeches to incite people.
Meanwhile, the Delhi HC on Friday reserved its order on the bail application of Pinjra Tod member Devangana Kalita in connection to the case of communal violence in northeast Delhi earlier this year.
The police had arrested Kalita and another member of the group in May for their role in an anti-Citizenship (Amendment) Act (CAA) protest.
The protest had led to violent clashes at Jafrabad during the northeast Delhi riots.
The two were booked under sections of the Indian Penal Code, including rioting, unlawful assembly and delivering inflammatory speeches.