3 min readNew DelhiMar 9, 2026 08:50 PM IST
The Supreme Court on Monday declined to entertain activist Devangana Kalita’s plea to direct reconstruction of the case diary in the 2020 anti-CAA protests case against her.
A bench of Justices Aravind Kumar and P B Varale rejected her plea challenging the Delhi High Court order, dated September 22, 2025, which turned down her request.
Kalita contended that the prosecution material against her was “demonstrably forged” as the contents of the case diary were ante-dated. Justice Kumar, however, referred to Section 172(3) of CrPC which says that the accused nor their agents shall be entitled to call for such diaries, nor entitled to see them merely because they are referred to by the Court except where they are used by the police officer who made them to refresh his memory, or if the Court uses them for the purpose of contradicting such police officer.
“The trial commenced three years back… what were you doing for 3 years?,” the Judge asked.
The Delhi High Court, while rejecting the prayer for reconstruction, had, however, directed that it be preserved. “The case diary is not the evidence but its absence may affect the fairness of trial and therefore directions may be given to preserve it.” it said.
The High Court had said, “The court is within its competence to read the police diary only for aid and for satisfying its conscience in appreciating the legal evidence available on record but not beyond. The entries in the case diaries are not evidence nor can they be used by the accused in the court unless the case comes within the scope of Section 172(3) CrPC.”
Kalita had approached the High Court after a Judicial First Class Magistrate Court (JFMC) at Shahdara, Karkardooma, on November 6, 2024, refused to delve into her allegations of tampering and antedating CrPC section 161 statements (examination of witnesses by police). These statements were part of the case diary and filed with the main as well as supplementary chargesheets in the case.
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The JFMC court had opined that it “cannot go into the truthfulness and veracity of the allegations” even as the “there may be merits” in Kalita’s claims.
Kalita, along with activist Natasha Narwal, were booked in an FIR registered at Jafrabad police station in Northeast Delhi for being among those who organised an anti-CAA protest and road blockade under Jafrabad Metro station on February 22-23.
The protest was followed by a pro-CAA rally by BJP’s Kapil Mishra and his supporters on February 23. A day later, riots broke out in the district.
© The Indian Express Pvt Ltd
