Delhi HC dismisses police plea in Tahir Hussain riot case:

News Topical, Digital Desk : The Delhi High Court has dealt a major blow to the Delhi Police in the case of arson and vandalism at a shop during the anti-CAA-NRC riots in Northeast Delhi. The court dismissed a petition challenging the Karkardooma Court's order to recall a prosecution witness.

This case involves former Aam Aadmi Party leader Tahir Hussain being accused of inciting violence during the riots. The Delhi Police lawyer argued that a prosecution witness had turned hostile and should be allowed to cross-examine him. The Karkardooma Court rejected this prosecution plea on February 7, 2025. The Delhi Police filed a petition in the High Court challenging this order.

The lawyer for the accused opposed the argument of Delhi Police.

During the hearing in the Delhi High Court, Rajiv Mohan, the lawyer representing the accused, stated that the FIR was not filed on the date of the incident. Arguing in court, he stated that the shop was found burned on February 25, 2020, but it was unclear when the fire was set.

He said the statements of two witnesses were contradictory; one said the shop burned on February 24th, while the other said it burned on February 25th. Advocate Mohan argued that the prosecution had to prove its own evidence, and if a witness needed to be questioned about the contradictions, that could have been done at the time. There was no need to call him again.

Important order of Delhi High Court

During the hearing, the Delhi High Court asked the Delhi Police how many witnesses there were. Lawyer Rajiv Mohan stated that statements from 26 of the 29 witnesses had been recorded, and some had been removed. After hearing arguments from both sides, the High Court declared the petition lacking merit and dismissed it.