Delhi HC allows Tahir Hussain to access forensic data
Delhi High Court permits Tahir Hussain to obtain forensic data and call records from two cases to support his defence in the Delhi Riots conspiracy case.
In a significant development regarding the 2020 Delhi Riots conspiracy investigation, the Delhi High Court has granted permission to Tahir Hussain to access forensic data and call detail records (CDR) from two separate cases. This decision comes as part of his efforts to bolster his legal defence.
Court overturns lower court decision
The ruling by Justice Sanjeev Narula has set aside a previous order from the trial court, which had originally dismissed Hussain's petition for these records. The accused had specifically requested access to forensic data retrieved from his mobile phone, as well as call records registered at the Khajuri Khas and Dayal Pur Police Stations back in February 2020.
The connection between cases
The necessity for this data arises from the fact that the Delhi Police utilized information gathered from these two specific cases to build their investigation in another ongoing case registered at the Khajuri Khas police station. By accessing these records, the defence aims to provide context to the evidence being used against him.
During the proceedings, Advocate Rajiv Mohan, representing Tahir Hussain, argued that the requested documents and records are vital to proving his innocence. Crucially, the counsel clarified that the defence does not intend to use this data as primary evidence to lead a case, but rather seeks to use it as supporting documentation for his existing defence strategy.
Legal context and pending appeals
The Delhi Police did not raise any objections to the request following the arguments presented by Hussain's counsel. The legal battle for Hussain remains complex; he is currently serving a life imprisonment sentence in connection with the Ankit Sharma murder case, a conviction he is currently appealing before the High Court.
Beyond the murder case, Hussain is a key accused in the broader conspiracy investigation related to the 2020 Delhi Riots. The acquisition of these forensic records marks a critical step in his ongoing legal struggle to contest the charges brought against him.