In a landmark judgment, the Delhi High Court grants Devangana Kalita permission to inspect un-relied documents kept in Malkhana, reinforcing the right to fair trial under Article 21 of the Constitution of India.
In a significant ruling dated June 5, 2026, the Delhi High Court, presided over by Justice Neena Bansal Krishna, has upheld the right of the accused, Devangana Kalita, to inspect un-relied documents kept in the Malkhana by the Investigating Agency. This decision reinforces the principles of fairness and transparency in criminal trials, as mandated under Article 21 of the Constitution of India.
The case involves Devangana Kalita, who had filed a writ petition challenging an order by the Special Judge that denied her the right to inspect documents seized during the investigation but not relied upon by the prosecution. These documents include electronic evidence such as WhatsApp chats and videos that were not presented in the charge sheet.
The court recognized the accused's entitlement to inspect such documents to prepare an effective defense. It emphasized that denying access to these materials contravenes the principles of a fair trial and the procedural fairness required by law. The judgment highlighted that the accused should not be left in the dark about the evidence against them, as it impedes their right to a fair trial.
Justice Krishna's decision draws from previous rulings, notably the Supreme Court's decision in "Manish Sisodia v. Directorate of Enforcement," where the right to inspect un-relied documents was upheld to ensure a fair trial. The court also noted that the fundamental principles of fair trial apply to all criminal cases, irrespective of the nature of the offense, including those involving special laws like the UAPA or NIA Act.
The court dismissed objections from the prosecution, which argued that the impugned orders were interlocutory and thus not subject to challenge. It was clarified that while appeals against such orders are barred under the NIA Act, the inherent powers of the High Court can be invoked to prevent a miscarriage of justice.
The judgment has been hailed as a reaffirmation of the accused's rights and a step towards ensuring justice and transparency in criminal proceedings. The court directed the respondent to facilitate the inspection of un-relied documents by the petitioner, while also cautioning against undue delays in the inspection process.
Bottom line:-
Right to Fair Trial - Accused entitled to inspect un-relied documents kept in Malkhana to prepare for arguments on charge, ensuring fair trial as mandated under Article 21 of the Constitution of India.
Statutory provision(s):
Article 21 of the Constitution of India, Sections 207, 91, 482 of the Criminal Procedure Code, 1973, Section 21 of the NIA Act.
Devangana Kalita v. State of Delhi NCT, (Delhi) : Law Finder Doc id # 2916499
