Supreme Court rejects activist Kalita’s plea for reconstruction of case diary

The Supreme Court on Monday dismissed student activist Devangana Kalita’s petition seeking reconstruction of the case diary in a probe against her in connection with the 2020 Delhi riots.

Reconstructing a case diary is a legal process essential for maintaining the integrity of an investigation and ensuring a fair trial.

A Bench of Justice Aravind Kumar and Justice PB Varale refused to interfere with a 2025 order of the Delhi High Court, which had partly rejected her plea.

Referring to Section 172(3) of the Code of Criminal Procedure, which said the accused was not entitled to access the case diary, the Bench said the High Court’s order did not warrant interference.

Earlier, the trial court had declined her request to call for the case diary. The police had opposed her request on the grounds that it would delay the matter further.

On Monday, Kalita’s counsel contended that certain material supplied by the prosecution against her was “antedated” and appeared to be forged.

The Bench, however, questioned the timing of her plea, noting that the trial had commenced three years ago and sought to know what steps had been taken during this time.

On September 22, 2025, the Delhi High Court had partly rejected Kalita's plea seeking reconstruction of the case diary but allowed her request for preservation of the document.

Earlier, on December 2, 2024, the High Court had passed an interim order directing the Delhi Police to preserve the case dairies.

The trial court had said that at this stage, it could not look into the truthfulness and veracity of her allegations that raised a “suspicion on the version of the investigating agency”. It had asked her to raise the issue at an appropriate stage.

Kalita’s counsel had alleged that the police added “antedated” statements to the case diary, which is impressible in law, and, therefore, urged the court to pass a direction to “reconstruct” and “preserve” the document.

Terming the definition of ‘terrorist act’ under the stringent Unlawful Activities Prevention Act (UAPA) “somewhat vague” and warning against its use in a “cavalier manner”, the High Court had on June 15, 2021, granted bail to student activists Natasha Narwal, Devangana Kalita and Asif Iqbal Tanha.

Communal violence broke out in northeast Delhi on February 24, 2020, after clashes broke out between supporters and opponents of the Citizenship Amendment Act, 2019, leaving at least 53 people dead and around 700 injured.