New Delhi| The Delhi High Court has allowed former councillor Tahir Hussain to obtain forensic data and call detail records (CDRs) connected with two cases, permitting him to use the records in support of his defence in another case related to the 2020 Delhi riots.
Justice Sanjeev Narula allowed Hussain’s plea and set aside the earlier trial court order that had rejected his request. The records sought include forensic data retrieved from Hussain’s mobile phone by the Forensic Science Laboratory (FSL) and stored on a hard disk, along with certified copies of call detail records.
According to the proceedings, the forensic data relates to FIR 101 of 2020 registered at Khajuri Khas Police Station, while the CDRs relate to FIR 65 of 2020 registered at Dayalpur Police Station. The Delhi Police had relied upon data from these cases in another case registered at Khajuri Khas Police Station.
Hussain’s counsel, Advocate Rajiv Mohan, submitted that the records could assist the defence and potentially support his case. However, the defence clarified that it did not intend to introduce the documents as evidence, but sought access to them for supporting its defence.
The Delhi Police did not oppose the request, subject to the condition that obtaining the records should not delay the trial and that no evidence would be led concerning the documents.
The High Court accordingly permitted access to the requested records while clarifying that the documents would not themselves be read as evidence by the defence. The trial court may consider their relevance while hearing the parties.
The development highlights the significance of mobile-device forensic data and call detail records in criminal investigations and defence proceedings, particularly where digital records from one case may have relevance to proceedings in another.
Hussain has been sentenced to life imprisonment in the murder case concerning Intelligence Bureau officer Ankit Sharma, with his appeal pending before the High Court. He is also an accused in the larger conspiracy case relating to the 2020 Delhi riots.
Case: Tahir Hussain v. State Court: Delhi High Court Judge: Justice Sanjeev Narula Key forensic evidence: Mobile-phone forensic data and Call Detail Records (CDRs)