The court was hearing an application by 13 alleged SIMI members facing trial in the 7/11 blasts, challenging the order of a special MCOCA court that rejected their plea seeking examination of three police officers and the production of the Call Data Records that the ATS claimed to have used to secure their remand.
“I have to remove doubt over whether the documents are still there and you [the state] are trying to hide it,” justice AM Thipsay said, adding that coercive action would have to be taken if it’s found to be true. The court has now called for a confidential report from the trial court stating whether a certain volume number six relating to the case papers were submitted by the state in the trial court.
The court noted that as per the case diary, the proforma of the documents submitted by then investigating officer had indicated the case papers would be divided into 10 volumes of which certain volumes contained CDRs with a direction to officers concerned to take 20 copies of CDRs.
Justice Thipsay asked how the investigating officer could have directed such a thing if the call records were destroyed. “Categorisation of non-existent documents seems to be strange,” justice Thipsay remarked.
Public prosecutor Revati Dere pointed out that it was an internal correspondence that was later revised to just four volumes.