Delhi High Court Dismisses Police's Plea To Recall Witness In 2020 Riots Arson Case Involving Tahir Hussain

The Delhi High Court on Monday (October 13) dismissed a plea moved by the Delhi Police against a trial court order rejecting its application seeking recall of a prosecution witness in the trial pertaining to an arson case in connection with 2020 North-East Delhi Riots, wherein one of accused is former AAP leader Tahir Hussain. 

After hearing the matter for some time, Justice Neena Bansal Krishna in her order dictated, "Submissions heard, record perused. Dismissed. No merit". 

A detailed copy of the order is awaited. 

The counsel for the police argued that on February 7, 2023 charges were framed against the six accused person and matter was listed for prosecution evidence. On January 28 this year, prosecution examined PW-23 (SI) who stated that on 24-02-2020 at around 11:30pm-12 midnight he had gone regarding the call made by the accused and he found that the shop in question was in a burnt condition and the shutter was also broken. 

It was alleged that a shop located in Karawal Nagar, Chand Bagh was looted, vandalised and set ablaze by alleged rioters. 

The counsel said that on February 4, 2025, the prosecution examined PW-26 (head constable) who deposed that on 24-2-2020 at 11:30pm-12 midnight he had accompanied the SI (PW-23) and had found the shop in normal condition. 

The prosecution then moved a plea to recall PW-23 in view of the testimony of PW-26, but the same was rejected on February 07. 

The accused's counsel argued that the trial court order is a reasoned order and does not need any interference. He said that the statement of witness PW 23 was already available with the prosecution and incase they found any discrepancy on the date on which the shop was seen burnt there was nothing prevented the prosecutor from confronting the witness on the same date. There is no ground to say that this discrepancy has been noticed only after recording of statement of PW-26 when in fact the petitioner has himself stated that there are as many as 10 witnesses who have given the date of incident as 25-2-2020, it was submitted. 

The state's counsel said that only a small clarification about the date which is required from PW-23 which shall not prejudice the accused and therefore opportunity be granted to the state to examine the witness.

Case title: STATE OF NCT OF DELHI V/s MOHD. TAHIR HUSSAIN & ORS.

CRL.M.C.-7233/2025