New Delhi: The Delhi High Court has issued a significant ruling emphasizing the importance of fair trial procedures over expedited proceedings, directing the recall of a prosecution witness for cross-examination in a Delhi Riots case.
Delhi High Court Allows Recall of Prosecution Witness in Riots Case
Justice Anup Jairam Bhambhani made crucial observations on balancing the need for speedy trials with ensuring fairness in judicial proceedings.
The court addressed a petition filed by Mohd. Danish seeking the recall of Head Constable Shashikant (PW-9) for cross-examination. It noted that while HC Shashikant had not identified the accused in his initial statement under Section 161 CrPC on June 1, 2020, he suddenly identified Danish during his court deposition on January 24, 2025.
Fair Trial vs. Speedy Justice: Delhi HC’s Key Observations
Addressing concerns about trial fairness, the court observed, “We must not delude ourselves into believing that the purpose of an expeditious trial would be served by denying an accused a fair and reasonable opportunity to cross-examine a prosecution witness on a critical issue.”
The court highlighted the importance of a balanced judicial approach, stating, “A speedy trial is, in fact, more in the interest of an accused who claims innocence; but expedition in trial cannot come at the cost of fairness, as that would be against all canons of justice.”
In a specific directive, the court instructed that the petitioner “shall have a limited and time-bound opportunity to cross-examine PW-9 HC Shashikant on such date and time as may be appointed by the learned trial court, at its earliest convenience.”
The court emphasized that this would be the “one and only one opportunity” granted to the petitioner for cross-examining the witness, with no further extensions.
Mr. Bilal Anwar Khan, Mr. Varun Bhati, and Ms. Anshu Kapoor appeared for the petitioner, while Mr. Ashish Dutta, SPP, along with Mr. Mayank, appeared for the State.
Case Title: Mohd. Danish vs. State (NCT of Delhi) & Anr.
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