(UNI) A designated Maharashtra Control of Organised Crime Act (MCOCA) court today rejected the plea of prosecution, seeking the cross-examination of all the alleged accused in 7/11 serial train bomb blasts case, after completion of their examination-in-chief by defence.
MCOCA court Judge Y D Shinde rejected application moved by Public Prosecutor Chimulkar, in the absence of Senior Public Prosecutor Raja Thackeray, in 7/11 Mumbai local train blasts case.
In an application before the court, prosecution argued that one of the key accused, Ehtesham Siddique, had deposed before the court and the defence had examined him for seven days. During which, he claimed that he was illegally detained by the cops and was falsely implicated in the case. Moreover, his confession was taken under duress and so on.
The rest of the accused would have similar depositions, it said.
Advocate Chimalkar further argued that 'If the cross-examination of the present accused is undertaken, it will expose the pattern to be adopted for the cross-examination and the accused will try to fill in the gaps to improvise their version as the deposition progresses.'
While opposing the plea, defence, led by Advocate Wahab Khan, representing an NGO Jamiat Ulama-e-Maharashtra, which is providing free legal aid to accused, argued that everything that the prosecution is going to rely and refer during the cross-examination,where documents are concerned, have already been furnished to the prosecution. So, originating a new fact is not in question.
He further contended that the prosecution was using the delaying tactic. 'If Ehtesham's examination took approximately five days, won't his cross-examination take at least a day? So how is that going to help catch the accused by surprise during the cross-examination?' reasoned Adv Khan.
The court has ordered that the prosecution should be ready to cross-examine Ehtesham Siddique by June 5.
Siddiqui is the first of the nine 7/11 Mumbai local train blasts accused, who have sought to undergo examination-in-chief on oath before the MCOCA court in a bid to prove his innocence. UNI
