The Supreme Court on Monday (20 July) stayed a Delhi High Court order that had allowed accused Devangana Kalita to inspect electronic evidence collected by the Delhi Police but not relied upon by the prosecution in the alleged larger conspiracy case linked to the 2020 Delhi riots.
A Bench of Justice Aravind Kumar and Justice Vipul M. Pancholi passed the interim order while hearing a challenge filed by the State (NCT of Delhi) against the High Court's June 2026 ruling. The matter has been directed to be listed again after two weeks.
Background of the Case
The dispute concerns Kalita's request for access to certain videos and WhatsApp chat records that were collected during the investigation but were not included among the documents relied upon by the prosecution.
Earlier, the Delhi High Court had declined her request for copies of some electronic material, including videos and WhatsApp chats, citing concerns over sensitive information. However, it permitted her to inspect documents and electronic records that were not being relied upon by the prosecution, observing that such access would support a fair trial.
The Delhi Police challenged this part of the High Court's decision before the Supreme Court.
Court's Observations
Appearing for the Delhi Police, Additional Solicitor General S.V. Raju argued that an accused has no legal right to seek documents beyond those relied upon by the prosecution before charges are framed. He submitted that inspection of such material at this stage was not contemplated by law and would only delay the proceedings.
Referring to the High Court's reasoning on fair trial, the Bench sought clarification from the prosecution. The State maintained that the right to seek such material does not arise before the stage of framing of charges.
Counsel appearing for Kalita argued that some of the requested videos allegedly showed her participating peacefully in protests and could assist her defence at the stage of discharge. He also relied on earlier Supreme Court decisions to contend that the accused should at least have access to the list of documents not relied upon by the prosecution.
The Bench, however, indicated that such arguments could not be examined at this preliminary stage.
Justice Kumar remarked,
"Very good defence, but not at this stage."
Expressing concern over delays in criminal proceedings, the Bench further observed,
"You will not conclude your arguments within 10 years, and then you say there is delay in trial."
Court's Decision
After hearing both sides, the Supreme Court stayed the operation of the Delhi High Court's order permitting Devangana Kalita to inspect the unrelied electronic evidence.
The Court also issued notice in the matter and directed that the case be listed for further hearing after two weeks.
The interim stay will remain in force until further orders.
Case Details
Case Title: State (NCT of Delhi) v. Devangana Kalita
Case Number: SLP (Crl.) No. 12447/2026 (Diary No. 38990/2026)
Judge: Justice Aravind Kumar and Justice Vipul M. Pancholi
Decision Date: July 20, 2026
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