The Delhi High Court has issued a ruling in a case related to the February 2020 riots, asserting that the need for a speedy trial must not compromise the fairness of the proceedings. Justice Anup J Bhambhani highlighted the critical importance of providing the accused with a fair opportunity to cross-examine witnesses, stressing that this aspect of the trial is essential to maintaining justice.
The case in question involved an accused who requested to recall a police witness for further cross-examination. The defendant sought to challenge the witness’s identification claim, arguing that the officer had not mentioned him in initial statements and that there had been no test identification parade conducted. However, the trial court had previously denied an adjournment, even for a day, to facilitate this cross-examination, which the accused argued curtailed his right to a fair defense.
Justice Bhambhani criticized the trial court’s undue haste, stating, “We must not delude ourselves into believing that the purpose of an 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.” He suggested that a short adjournment would have been a more balanced and appropriate action, aligning with the principles of justice.
In his ruling, the judge granted the accused a single opportunity to cross-examine the witness, emphasizing that while unnecessary delays should be avoided, the overarching goal must always be to conduct a fair trial. He pointed out that a swift trial serves the interests of an innocent accused, but not at the expense of justice and fairness.
The prosecution had argued against the adjournment, claiming that the non-availability of a senior lawyer was not sufficient grounds for delay. However, the High Court disagreed, noting that allowing a brief postponement for cross-examination, given valid reasons, was justified and necessary for justice.
