HIGH COURT IN DELHI RIOTS CASE: SPEEDY TRIAL CANNOT BE AT COST OF FAIRNESS OF TRIAL

The Delhi High Court in the case Mohd. Danish Versus State (NCT of Delhi) And Anr was hearing the matter which relates to 2020 North-East Delhi riots.

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The court in the case observed that expedition in trial cannot be at the cost of fairness of trial, since that would be against all canons of justice.

The bench headed by Justice Anup Jairam Bhambhani stated that, 'This court must not delude ourselves into believing that the purpose of expeditious trial would be served by denying to an accused a fair and reasonable opportunity to cross-examine a prosecution witness on a critical issue.' The court stated that, 'This is not to suggest that long and unnecessary adjournments should be granted for the asking, especially when a witness is under cross- examination, but to roll-over a case for cross-examination by a day-or-two, when there is good reason for it, cannot possibly be faulted.' The bench of Justice Bhambhani in the case allowed the petition filed by accused Mohd. Danish wherein seeking recall of a prosecution witness- a head constable, for cross examination in the trial.