The Delhi High Court has allowed a plea filed by activist Devangana Kalita seeking inspection of unrelied documents kept in the malkhana in connection with the 2020 North-East Delhi riots cases, while dismissing a connected petition seeking supply of additional documents under Section 207 of the Code of Criminal Procedure.
Justice Neena Bansal Krishna noted that the petitions raised important questions concerning the balance between the rights of the accused and the State’s obligation to ensure a fair trial. The Court observed that the issues involved broader legal questions relating to the supply of documents and inspection of records in criminal proceedings, extending beyond the facts of the present case.
The Court recorded that the matters arose from proceedings relating to the North-East Delhi riots of March 2020 and involved questions regarding inspection of unrelied documents and supply of documents under Section 207 CrPC.
Allowing the writ petition, the Court directed the prosecution to facilitate inspection of the unrelied documents lying in the malkhana expeditiously and in accordance with law. The petitioner was also directed to cooperate to ensure that the trial is not unnecessarily delayed.
The Court noted that the issues raised were of considerable significance and required detailed examination, as they were relevant not only to the present proceedings but also to criminal trials generally.
