The special MCOCA court, while hearing the 7/11 serial train blasts case, rejected several applications of defence advocates for recalling a number of prosecution witnesses to cross examine, observing that the defence was abusing the process of law.
The special MCOCA judge was hearing applications filed by the advocates of the accused for recalling the witnesses, including police officers who were part of the investigating team and were earlier examined during The bench observed that all possible opportunities have been given to the defence.
It noted that the defence is taking undue advantage of the latitude shown by the court. the trial.
The defence advocates had pleaded that the witnesses need to be recalled in view of new facts being brought on record through an RTI application, call data records and depositions of other defence witnesses.
Objecting to these applications, the special public prosecutor had submitted that,
“right of speedy trial is not merely a right of the accused persons, but it is equally important that the kith and kin of the innocent 188 persons, who died in the blast, and 800 injured persons should also get justice. They are anxiously waiting to hear that justice is being delivered.”
While rejecting the application the judge observed, “This is an incorrect practice of the defence of giving applications from time to time after realising something later on or obtaining documents under the RTI. It will become an endless exercise to recall or sum mon witnesses if something new comes in the mind and hands of the defence as time passes.”
The judge concluded that all the applications filed by defence advocates are frivolous and were made with the intention of delay ing the trial and defeating the ends of justice.