Observing that the defence and the 13 accused arrested in the July 11,2006 Mumbai serial train blasts case,have been intentionally wasting the courts time and indulging in petty fights to derail the trial,the Special Maharashtra Control of Organised Crimes Act (MCOCA) court has rejected as many as nine applications they had filed in the past 10 months.
Special Judge Yatin D Shinde observed that the accused,through their lawyers,have been posing frivolous questions to the witnesses. The accused keep filing applications without any rhyme or reason. A certain procedure and discipline has to be followed during trial, the judge observed in the 110- page order passed on October 8.
Since the Maharashtra ATS filed the chargesheet on November 30,2006,the court has examined 102 witnesses 40 prosecution witnesses,11 accused and 51 defence witnesses.
Defence lawyers Sharif Shaikh and Abdul Wahab Khan had moved applications to recall investigating officers along with a few other witnesses. The defence has alleged that the ATS has wrongly implicated 13 Muslim men.
The court has observed,The basic purpose of law is that innocents should not be convicted and the guilty should not escape. If evidence comes on record pointing a finger towards a third person,the court cannot close its eyes and say that the person is not before it… if the defence can demonstrate within the four corners of law that the third person has committed the offence,the doors cannot be closed by saying that it is time-consuming and will delay the trial or cause prejudice to the prosecution.
The order states that while the rights of accused are of utmost importance,the victims rights cannot be ignored either. Access to speedy trial is not merely a right of the accused,but it is equally important that the kith and kin of the 188 innocent persons (who were killed) and more than 800 injured persons should also get justice, the order states.