The Bombay High Court Tuesday posted proceedings in confirmation of death sentence passed by a trial court on alleged Indian Mujahideen (IM) operative Mirza Himayat Baig in the Pune German Bakery bomb blast case of 2010 to June 16.
The court heard the prosecution, defence and interveners’ arguments over who should be heard first.
Justices N H Patil and Anuja Prabhudesai felt the prosecution should open arguments first. Baig’s counsel Mehmood Pracha told the court they filed applications seeking to recall 11 witnesses and said the court should first consider their applications on the need of a retrial. Pracha added they have questioned the application of Unlawful Activities (Prevention) Act and sanction for prosecution against Baig.
“The National Investigation Agency (NIA) that investigated the matter after the Maharashtra Anti-terrorism Squad (ATS) has said there is no involvement of the accused (Baig),” Pracha said.
Special Public Prosecutor Raja Thakare said in confirmation matters, prosecution usually starts arguments first. He said the court can first consider evidence on record and decide whether or not applications filed by the defence need consideration.