Overview
- A bench of Justices Aravind Kumar and P.B. Varale on March 9 dismissed Kalita’s appeal seeking reconstruction of the police case diaries.
- The decision leaves intact the Delhi High Court’s September 22, 2025 order that refused reconstruction but required preservation of volumes 9989 and 9990.
- The judges questioned the timing of the challenge, noting the trial began in December 2020 and asking why the issue was raised years later.
- Relying on Section 172(3) CrPC, the Court noted the accused have no right to inspect police diaries, which are not evidence though courts may consult them to aid proceedings.
- Kalita alleges witness statements were ante-dated or forged, an issue lower courts said should be addressed during the ongoing Jafrabad FIR trial.