In a significant ruling, the Delhi High Court has reaffirmed that the right to a fair trial cannot be compromised for the sake of expediency. The court allowed Mohd. Danish, an accused in the Delhi Riots case, to recall a prosecution witness for cross-examination.
Justice Anup Jairam Bhambhani, presiding over the case, emphasized that while a speedy trial benefits an accused claiming innocence, fairness must remain paramount. The ruling came after Danish sought to cross-examine Head Constable Shashikant, who had identified him in court despite omitting any mention of him during the initial investigation.
The court noted that Danish’s counsel was absent when the witness gave his testimony, making cross-examination impossible at the time. Given that Shashikant had not named Danish in his 2020 statements but suddenly recognized him in 2025, the court agreed that questioning this shift was crucial for ensuring justice.
The prosecution argued that allowing cross-examination would delay the trial, but the court dismissed this concern, asserting that procedural fairness must not be sacrificed. It stressed that trials should be conducted efficiently but without undermining an accused’s fundamental rights.
The High Court clarified that while unnecessary adjournments should be avoided, a brief delay for legitimate reasons cannot be equated with obstruction. Denying cross-examination in this case, the court stated, reflected an excessive commitment to speed at the expense of justice.
Consequently, Danish was granted the opportunity to question the witness on a date determined by the trial court, ensuring his right to a robust defense remains intact.