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Delhi HC Orders Preservation of Jafrabad Case Diary, Rejects Plea to Reconstruct

The court cited limits under Sections 172 and 91 of the CrPC to refuse reconstruction requests.

A bench of justice Ravinder Dudeja, however, rejected activist Devangana Kalita’s plea for reconstruction of the case diary. (Representative photo)
The court passed the order on a plea challenging a city court’s November 6 order. (Getty Images/iStockphoto)
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Overview

  • The bench made its December 2, 2024 interim order permanent, directing preservation of case diary volumes 9989 and 9990.
  • Justice Ravinder Dudeja noted the diary is not evidence, yet its absence could affect trial fairness, warranting preservation.
  • Devangana Kalita alleged tampering and antedating of witness statements and retains the right to demonstrate antedating during trial.
  • The High Court said pages used for other FIRs cannot be reconstructed and emphasized that accused access to case diaries is restricted under Section 172(3).
  • Kalita’s petition challenged a November 6, 2024 trial court refusal to intervene; the case arises from a February 2020 Jafrabad protest-related FIR in which her bail, granted in September 2020, was upheld by the Supreme Court on June 18, 2021.