NEWS: Delhi High Court reprimanded Police in Delhi riots case “Do not name and shame”

By Legal Wires 4 Minutes Read

Delhi High Court on Monday restrained Delhi Police from issuing any communication or information to the media relating to the North-East Delhi riots cases, including the activist Devangana Kalita, till the trail in the cases commences.

A petition W.P (CRL) 898/2020 & CRL . M.A 7426/2020 was filed by Pinjra Tod activist Devangana Kalita to restraint the police authorities from influencing public opinion by naming and shaming the people named by the Delhi Police in Delhi Riots in public.

Justice Vibha Bakru said “The cases concerning communal riots are undoubtedly sensitive,” while ordering the police “not to issue any further communication naming any accused or any witness till the charges if any, are framed and the trail is commenced”.

The decision delivered on Ms. Kalita’s petition sought directions to be issued to the Delhi police not to leak any allegation pertaining to her in the media in a pending investigation. Ms. Kalita argued upon the press note issued on June 2 by the police selectively leaking information to her case was causing grave prejudice to her.

The court was in view that the arrest of Ms. Kalita has been by FIR (no. 50/2020) is already publicized. So, her being named in the impugned press note cannot be considered as prejudicial. Therefore her prayer cannot accede.

The court said “The police authorities are not the adjudicators of guilt or innocence of any person… thus, what is reported is their inference from the investigations, which is articulated in the report filed before the court concerned,” the High Court adds, “This court is unable to accept that the said police communication violates the fundamental rights of the petitioner (Kalita) or provisions of any law.”

Devangana Kalita is an activist from Pinjra Tod (break the cage) i.e. a collective of women students and alumni of colleges from across Delhi.

Kalita, who was arrested on May 23, is lodged in Tihar Jail under judicial custody in a case associated with violence in old Delhi’s Daryaganj area during protests against the CAA in December last year.

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