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The Special Trial Court for the 2002 Gulberg Society massacre case on Monday rejected the application of the Special Public Prosecutor (SPP) to hold virtually a re-trial of the case after adding two new persons as accused. The court,however,allowed fresh cross-examination of those witnesses,which the defence wants.
Recently,the court had ordered to arraign Rajesh Jinger and Babu Marwadi as accused in the case. Deposition of around 250 witnesses had already completed by then. Following this,SPP R K Shah moved the application saying that in the interest of justice,it is required to hold deposition of all witnesses so that the new accused get chance to cross-examine them.
Rejecting the plea,judge B U Joshi ordered to hold fresh cross-examination of four witnesses who have named Jinger and Marwadi as accused. The four witnesses include Rupa Mody,Saeed Khan Pathan,Rafique Abu Bakr Pathan and Sayara Sandhi.
The court asked defence lawyer Mitesh Amin to reply by February 24 if he wants to cross-examine these witnesses. The court also asked him to submit a list of witnesses for cross-examination by March 2. Justice Joshi held that during the cross-examination,only the new accused will be present in the court. The court also rejected the SPPs prayer to take decision on the issue of arraigning two senior police officers,M K Tandon and N D Parmar,as accused.
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