HC refuses to set directions on accused’s plea over fixing trial dates

NEW DELHI: The Delhi High Court on Tuesday refused to pass directions to a court here with respect to the fixing of dates in the Shraddha Walker murder case, after accused Aaftab Amin Poonawala claimed that the “haste” in the trial was causing prejudice to him.

Poonawala’s counsel urged the high court to ask the trial court to examine the crucial witnesses only in the presence of the main defence lawyer and also grant him sufficient time to prepare for the cross-examination.

The lawyer submitted that in spite of his objections with respect to the “speed”, the daylong proceedings were held for 10 days in a month and he was unable to attend the examination of witnesses. Justice Manoj Kumar Ohri said “professional inconvenience” cannot be a ground to delay the trial and it was commendable that the trial court listed the matter on 10 dates in a month despite the workload on it.

“You will adjust according to the trial court’s convenience and the trial court will not adjust to your convenience. In exceptional cases, sometimes they may.... Look at the pressure on trial courts. It is a case where they are going at proper speed but you want that they should adjust their diary according to your diary,” the court remarked.

“It is the best record that I can see. In a short span, they have recorded 120 witnesses.... You want crucial witnesses to be examined in your presence. It is not that the trial court will wait for you. You have to be present before the trial court.... Make yourself available,” it added.

The court noted that sufficient time must be given for cross-examining witnesses and directed Poonawala’s lawyer to request the trial court for this. Poonawala’s counsel argued that accommodating many dates was impractical as “the whole day is taken up” and witnesses are examined in the presence of his junior.

Justice Ohri replied that trials vary in pace and it’s the lawyer’s responsibility to

appear. He stated that quick trial dates are crucial and that inconvenience due to multiple locations doesn’t justify delays. Poonawala is accused of strangling his partner, Walkar, on May 18, 2022.

The trial court previously denied Poonawala’s request to limit hearings to twice

a month.