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The Delhi High Court on Wednesday allowed former Aam Aadmi Party councillor Tahir Hussain to seek documents relied upon by Delhi Police in two Delhi riots cases against him, for use in a third riots case in which he is currently facing trial.

Justice Sanjeev Narula quashed the trial court order which had rejected Hussain's application filed under Section 94 of BNSS to requisition the documents.

The documents included— (i) data retrieved by FSL from his mobile phone and stored in a hard disk in FIR 101 of 2020 registered at Khajuri Khas police station and (ii) certified copy of his call data records in FIR 65 of 2020 registered at Dayalpur police station.

Hussain sought the two documents relied upon by the Delhi Police in the abovementioned two separate Delhi riots cases against him in FIR 114 of 2020 registered at Khajuri Khas police station.

Advocate Rajiv Mohan appearing for Hussain submitted that he did not seek to lead evidence by relying on the two documents and only needs it to support his case in FIR 114 of 2020. It was submitted that the documents could prove Hussain's innocence in the case in question.

SPP Rajat Nair appearing for Delhi Police, on instructions, said that as long as Hussain does not wish to lead evidence and was only seeking to rely on the documents, they do not have any objection to the request.

The police clarified that the request can be accepted only if the trial is not delayed and no evidence will be lead regarding the two documents sought.

“The order is set aside in view of the consent of the parties,” the Court said.

It added that no evidence shall be read by the defence by relying on the two documents and that the trial court can form its own opinion on the same after hearing the parties.

Title: Tahir Hussain v. State

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