Destruction of CDRs raises serious doubts over integrity of 11/7 probe: HC
MUMBAI: Bombay high court questioned ATS over the "integrity" and deletion of call data records (CDRs) in its probe into the 11/7 train blasts, adding "reluctance of the prosecution to bring CDRs on record and their destruction raises an adverse inference against the prosecution".
HC said the prosecution's case was that conspiracy meetings were held at the residence of a planter in Bandra, attended by four other accused. In May, a prosecution witness met the planter and others near Shams Masjid, in Mira Road, where the witness was instructed by the planter to call another accused there. Besides, confessions of two accused said one handed over his mobile phone to the other near Lucky Hotel, Bandra, at 4.15pm, the judgment said.
In its claim of one eyewitness seeing an alleged blast conspiracy meeting, "prosecution could have easily established location and movement of accused at the relevant places and times through CDRs. Instead, the CDR was destroyed. This act raises serious doubts over the integrity of the investigation and amounts to a grave violation of right to a fair trial," the HC special bench of Justices Anil Kilor and Shyam Chandak held.
by Taboola
by Taboola
Sponsored Links
Sponsored Links
Promoted Links
Promoted Links
You May Like
American Investor Warren Buffett Recommends: 5 Books For Turning Your Life Around
Blinkist: Warren Buffett's Reading List
Undo
HC said CDR was of critical importance, particularly because first arrest in 11/7 case was made based on a mobile number allegedly belonging to accused Kamal Ansari (who died in 2021 after conviction in Nagpur prison) from which a religious SMS was sent, arousing suspicion in minds of ATS. HC said prosecution appeared to have done no probe to corroborate the witness's claim of having met near the masjid or at accused's house.
"Prosecution could have produced the CDR of either the witness or the accused to establish their location," HC held.
The witness' statement is shrouded in doubt. Besides, while his statement was said to be recorded by an ACP at Chandan Chowki, the certified logbook shows the ACP "did not even go" there that day. Prosecution said allegedly "as per the Al-Qaeda Manual and training given to the accused, they were not supposed to use their mobile phones for operational purposes".
"In the absence of direct evidence of conspiracy, a chain of events has to be completed from which a conclusion of guilt of the accused can be drawn," HC said. The court added that with the eight unreliable eyewitnesses, the chain could not be completed, and the witness was of no help in establishing the conspiracy claim.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Time of India
27 minutes ago
- Time of India
‘Won't pick a fight': Booker, Cornyn clash over Epstein Files at fiery Senate hearing
A Senate Judiciary Committee hearing turned into a tense standoff as Senators Cory Booker and John Cornyn clashed over the Jeffrey Epstein files. What started as a debate on an opioid bill quickly escalated into a broader confrontation over transparency, accountability, and the scope of justice. Senator Booker fiercely defended his amendment calling for the release of Epstein-related documents, insisting the American people deserve the truth. He accused Senator Cornyn of using immigration language to mask a quiet attempt to strike his amendment, dodging a national call for clarity about co-conspirators and systemic failures. Senator Cornyn countered with equal fire, challenging Booker's sincerity and pivoting the discussion to immigration-related tragedies, invoking the pain of grieving families. Show more Show less
Time of India
41 minutes ago
- Time of India
Udupi police acts against violators of bail conditions
Udupi: The Udupi district and sessions court directed Raghavendra Kanchan, who was picked up for sharing a provocative video recently, and an accused in a 2019 double murder conspiracy case, to surrender before the trial court for violating bail conditions. Udupi SP Hariram Shankar said Kanchan shared a provocative video on May 31 in a WhatsApp group titled Hindu Jagarana Vedike Kota. The video featured SDPI leader Riyaz Farangipete, who previously made inflammatory speeches. Notably, the same video already led to the registration of a case in Mangaluru. Despite being aware of the video's sensitivity, Kanchan allegedly posted it on social media, inciting communal disharmony and promoting enmity between religious communities, posing a threat to peace in Udupi. As a result, Kota police registered a case under Sections 196 and 56 of the Bharatiya Nyaya Sanhita (BNS). Kanchan, who was earlier granted conditional bail by the high court on June 28, 2023, in the 2019 double murder case, was explicitly barred from leaving Udupi district without the court's permission and from engaging in any criminal activity. After his recent violation, the court was informed and ordered him to surrender. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Ask A Pro: "I'm 70 with $1.4M in IRAs. Should I convert $120K/Year to a Roth?" SmartAsset Undo The SP further said that similar action is being taken to cancel the bail of other rowdy-sheeters and accused persons across Udupi district, who breached court-imposed conditions. Kanchan, a resident of Bettinamane in Kotatattu village, earlier conspired with key accused Rajashekar Reddy, Chandrashekar Reddy, and Harish Reddy. He was arrested on Feb 7, 2023, and remanded in judicial custody. The chargesheet was filed, and the trial is currently at the stage of recording the accused's statement under Section 313 of the CrPC.
Time of India
an hour ago
- Time of India
Three JJMP ultras gunned down in Gumla
Gumla: Three operatives of Jharkhand Jan Mukti Parishad (JJMP), a banned splinter outfit of Maoists, were gunned down by security forces in a firefight in Gumla on Saturday morning. District police officials said an encounter broke out between JJMP ultras and the security forces in Lawadag forest under Ghagra police station limits around 10 am. One AK-47 rifle, two Insas rifles, a country made gun were recovered from the slain operatives. Gumla SP Haris Bin Zaman said a police team initiated a cordon and search operation based on intelligence inputs which suggested that JJMP operatives had gathered in Lawadag forest to plan an incident. A team, led by Gumla sub-divisional police officer Suresh Prasad Yadav and consisting officers from Ghagra and Bishunpur police stations, began a cordon and search operation along with jawans of Jharkhand Jaguar, the elite anti-extremism outfit of Jharkhand Police, and the district police. "The ultras opened fire as soon as security forces reached the spot. Jawans fired in retaliation which killed three JJMP ultras. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like You might be interested in the content above Undo Two others, who were part of the group, escaped," Zaman said. "Search operation is continuing in the area," he added. Police said one of the slain ultras was identified as Dilip Lohra of Belagada village in the district while the identities of the remaining two were being ascertained. As gunfight broke out in broad daylight, residents of Lawadag village, which is the vicinity of the forest, were asked to stay indoors. Students at a primary school in the hamlet bolted themselves inside as sounds of gunfire reverberated the air.
