'Devangana, media creating narrative that prosecution has failed its case'

New delhi: Claiming that Pinjra Tod activist and UAPA accused Devangana Kalita, along with the media, is "trying to create a narrative that the prosecution has failed its case," the Delhi Police on Monday told a trial court here that "nothing substantive" had been brought on record to show her innocence.

Special Public Prosecutor Amit Prasad, on behalf of the Delhi Police, made these submissions before Additional Sessions Judge Amitabh Rawat during Kalita's bail hearing in a case related to the "larger conspiracy" during the Delhi riots.

Kalita, represented by Advocate Adit Pujari, had earlier questioned as to why police had not brought video evidence against her on record. He had also pointed out the "discrepancies in chats of a police WhatsApp group called SBops" produced by the prosecution before the court.

On Pujari relying on media reports to defend his case, Prasad argued that "bail applications cannot be decided on the basis of media reports." "Are media to decide the fate of the prosecution?" Prasad asked.

The SPP went on to claim that such reports help in "creating a narrative" that "demolish the prosecution's story." "If prosecution continues to rely on the media, then what would be the end of rule of law."

On Kalita's arguments calling the investigation against her "insidious", Prasad submitted, "These arguments are very attractive on the first blush…a complete chain is created that is completely false, concocted and belied."

"…to make the larger masses believe that what you think is correct…that prosecution is against the larger community…demolish the prosecution's story without any foundation," he stated.

On the submission related to producing video evidence showing Kalita being involved in violence, he said, "Every video cannot be part of the chargesheet." "You want all the witness CDR…you cannot demonstrate the relevance of witness CDR to the court," Prasad added.

Meanwhile, on Pujari's argument on the "discrepancies in chats of police WhatsApp group," Prasad said, "Prosecution has to filter and see what is relevant to the case…If you see message which shows your innocence, you have to point it out…you cannot conduct a fishing a roving inquiry."

Prasad also pointed to the court in a Twitter post by women rights group Pinjra Tod "showing support for another UAPA accused Sharjeel Imam" in order to oppose Kalita's contention that "she had nothing to do with Imam's speech."

"We have seen through the chargesheet…there was a conspiracy and evil design and a harmful effect has been done to the evil design," the SPP submitted.