Summary: A Delhi court has given Ram Swaroop Gupta and others another chance to question a key witness after their first attempt failed because their lawyer wasn't present.
On January 21, 2026, the Delhi High Court, led by Judge Girish Kathpalia, looked again at a decision about Ram Swaroop Gupta and others. The problem started from an order on August 28, 2024, where the trial court rejected their request to bring back a witness, Mr. Jagmohan Gupta, for more questioning.
The petitioners had a setback on September 2, 2023, when Mr. Jagmohan Gupta came for questioning. Unfortunately, the petitioners' lawyer was missing, leaving them without help. Because of this, they couldn't properly question the witness, and the trial court marked the session as "Nil. Opportunity given."
The petitioners explained their lawyer's absence in an application under Section 311 of the CrPC. Judge Kathpalia pointed out that the trial court can decide to call back a witness on its own, even without a request. The lack of legal help for the petitioners not only affected them but also made the trial less fair.
"Having legal help for someone facing a trial is a key part of a fair trial."
Judge Kathpalia stressed that if someone doesn't have a lawyer, the court should either appoint a friend of the court or ask the legal services authority to provide a lawyer. This makes sure the trial stays fair and honest.
The court canceled the previous order and told the trial court to let Ram Swaroop Gupta and others have another chance to question Mr. Jagmohan Gupta. The next hearing is set for February 7, 2026, when a new date will be chosen for the questioning.
Judge Kathpalia ordered that a copy of this decision be shared with all courts dealing with criminal trials in Delhi. This is to stop similar situations from happening again, making sure justice is done fairly and quickly.
The decision highlights how important it is to have a lawyer to keep trials fair, reminding courts to focus on justice rather than just following procedures.
