Ahmedabad serial blasts: Govt wants identification of accused from chargesheet

The special court, which is hearing the blast cases, had rejected several applications moved by the prosecution regarding this in 2016 after many witnesses expressed their inability to identify the accused.

Gujarat High Court

The state government has approached the Gujarat High Court seeking permission to allow the witnesses in Ahmedabad serial bomb blast cases to identify the accused through their photographs on the chargesheet. The prosecution has reasoned that the appearances of the accused have changed since the time they were arrested and the panchnama was recorded in presence of the witnesses some eight to 10 years ago. It has been argued that the accused “have put on weight, grown beards and even have “enlarged eyebrows.”

The special court, which is hearing the blast cases, had rejected several applications moved by the prosecution regarding this in 2016 after many witnesses expressed their inability to identify the accused. Following this, the state challenged the order in the HC earlier this month. The court of Justice J B Pardiwala, which is hearing the petition, adjourned the matter on Friday till winter vacations since notices have not been served to several accused.

Government pleader Mitesh Amin said that petition has been filed seeking permission to allow the witnesses to identify the accused through the photographs on the charge sheet filed in 2008-2009.

“Almost 10 years have passed when the witnesses first identified the accused. The appearances of the accused have changed. Some have grown beard, some are clean shaved, due to which the witnesses are not able to identify them. Therefore, we have sought permission from the court to allow the witnesses to identify the accused through their photographs from the charge sheet. Although there is no such law it will help in bringing justice to both the accused and prosecution under the circumstances.”

In 2016, the special trial court had rejected such applications, which were filed when witnesses failed to identify the accused. The court held, “The question (whether the witnesses can identify the accused from what they first saw during the filing of panchnama) is rather away from the legal propositions under Section 141 of the Evidence Act. It can be a leading question as prosecution witness has just to answer in “Yes” or “No”. So, the question falls within the purview of Section 141 read with Section 148 of the Evidence Act. Therefore, the question cannot be permitted. Moreover, it makes attempt to rectify any error on the part of prosecution. So, such question cannot be allowed.”

The Ahmedabad Detection of Crime Branch has chargesheeted over 70 alleged members of SIMI and IM in the bomb blast cases.

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