Court reserves order to examine US witnesses in 26/11 case | india | Hindustan Times
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Court reserves order to examine US witnesses in 26/11 case

india Updated: Aug 03, 2009 19:53 IST
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A special court on Monday said it will pronounce its order on Tuesday on a prosecution plea to examine three witnesses from United States through video conference in the 26/11 terror attack case.

Their examination would throw light on the telephonic communication between terrorists and their handlers in Pakistan during the terror attacks in Mumbai on November 26 last year, special public prosecutor Ujjwal Nikam said.

The witnesses' deposition will expose the nature of the conspiracy which has international ramifications. However, their identities have been kept under wraps as there is a threat to their lives, Nikam said.

He further submitted that under section 273 of CrPC, evidence is required to be recorded in the presence of accused and this could be done through video conference.

However, lawyer Abbas Kazmi, representing prime accused Mohammed Kasab, opposed the prosecution plea saying there was no extradition treaty between India and US and if a witness gave false evidence he could not be tried for perjury (giving false evidence).

Nikam submitted that there existed a treaty between the two countries on mutual legal assistance and if it is established that a witness has given false evidence, an Indian court had the powers to take cognisance of such offence.

After hearing arguments, judge ML Tahaliyani said he would give the order on Tuesday.