The Delhi High Court has allowed accused Mohd. Danish in the Delhi Riots case to recall prosecution witness Head Constable (HC) Shashikant for cross-examination, emphasizing that a fair trial cannot be compromised for the sake of a speedy trial.  

Danish argued that Shashikant had neither mentioned nor identified him during the investigation. However, while deposing before the trial court, the witness suddenly recognized him. Since Danish’s senior counsel was absent that day, Shashikant could not be cross-examined. Danish contended that cross-examining the witness was crucial to understanding how he identified him in 2025 for a 2020 incident, especially when no Test Identification Parade had been conducted.  

The State Public Prosecutor (SPP) opposed the plea, asserting that an adjournment for cross-examination would delay the trial. However, the High Court disagreed, stating that while unnecessary adjournments should be avoided, ensuring a fair trial remains paramount. The Court noted that adjourning the trial for a short period would be a more balanced approach.  

“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 observed. It further remarked that refusing cross-examination in such circumstances reflected a “disproportionate sense of expedition” by the trial court.  

Accordingly, the High Court directed that Danish be given the opportunity to cross-examine Shashikant on a date set by the trial court.  

Advocates Bilal Anwar Khan, Varun Bhati, and Anshu Kapoor appeared for Danish, while Special Public Prosecutor Ashish Dutta, along with Advocate Mayank, represented the State.