The Central government has approached the Bombay High Court against the special court’s summons National Security Guards (NSG) commandos to depose against captured terrorist Mohammed Ajmal Amir Kasab in the 26/11 terror attacks trial.
Additional Solicitor General Darius Khambatta submitted the petition on Tuesday. The division bench of Justice J.N. Patel and Justice Amjad Sayed will hear the petition on Wednesday.
“We have raised the issue of the trial court summoning NSG commandos for deposition,” said Khambatta, refusing to elaborate.
Special judge M.L. Tahiliyani had summoned three NSG commandos who stormed the Taj Mahal Palace and Towers, Hotel Oberoi Trident and Nariman House during the terror strikes of November 26, 2008.
The judge had issued fresh summons on October 27 to Lieutenant Colonel Rakesh Kumar Sharma, Major Ravindra Prakash and Captain Anil Jakhad to appear on November 9 and testify on the operations.
This is the first time the nation’s elite security commandos have been summoned for testifying against a captured terrorist.
Special public prosecutor Ujjwal Nikam had told the court that he had received a report from NSG that Lt. Col. Sharma was suffering from gastroenteritis and in hospital at Manesar, Haryana.
The special court said that the testimonies of the National Security Guards personnel were important for a proper decision on the charge of waging war against the nation.