The special court, hearing the 26/11 trial, on Friday decided to call two more National Security Guard (NSG) personnel to testify.
Special Judge M.L. Taheliyani said calling NSG personnel to court was a must to arrive at “a just decision on the charge of waging war against the nation” against Pakistani gunman Mohammed Ajmal Amir Kasab.
The court asked chief investigator Ramesh Mahale to find out the complete names and designations of Captain Anil Jakhad, who fought the attackers at hotel Taj, and Major Prashant, who was involved in the operation at hotel Oberoi, by October 26.
“It would be difficult for me to decide on the charge unless what transpired between the attackers and the NSG commandos was brought before me,” said Judge Taheliyani.
Special Public Prosecutor Ujjwal Nikam had cautioned the court against examining any NSG personnel saying it would expose their techniques of tackling terrorists.
The judge discarded the apprehension saying the techniques adopted by elite anti-terror agencies worldwide were available on the Internet.
“I don’t think a specific technique would be used by the NSG everywhere,” he observed.
Citing a Supreme Court judgement, which requires trial courts to do whatever necessary for digging out the truth by utilising the powers conferred upon them under Section 311 of the Criminal Procedure Code, the judge said he can not remain “a mute spectator and blindly record whatever evidence is adduced by the prosecution”.
The court has already summoned Lieutenant Colonel R.K. Sharma to depose as a court witness on October 26.
During Friday’s proceedings, Kasab rolled something into a paper and passed it to the judge saying it contained residue of his food.
Sources said the paper contained tiny stones Kasab had found in his jail food.