Delhi Riots: 'Open for trial court to consider plea seeking videos of anti-CAA protests'
New Delhi: The Delhi High Court Wednesday said the earlier order of rejection would not come in way of the trial court in considering the fresh plea of Pinjra Tod activist Devangana Kalita seeking copies of certain videos of anti-CAA protests concerning a pending Delhi riots case against her.
The high court said it will be open to the concerned trial court to consider the same afresh. Disposing of Kalita's petition challenging the rejection order passed last year, Justice Subramonium Prasad said stated that the order was passed by the trial court considering that the investigation against other accused in the case, at that stage, was still ongoing.
The judge noted that now the case was at the stage of cognisance of the charge sheet filed in the case.
"Mere reading of paragraph (in trial court order) indicates the context in which the observations were made (that is) primarily because the investigation was not complete qua all other accused.
"Now the stage of taking cognisance under Section 207 (of Code of Criminal Procedure) has reached. It would be open for the Magistrate to consider the application afresh if moved by the petitioner without being prejudiced by the observations made in para 27 (of the previous order)," the court said.