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This is an archive article published on February 9, 2011

Defence plea for names of witnesses, panchas turned down

The court of special judge Usha Thakare on Tuesday rejected defence counsel Abdul Rehman’s application,seeking permission to reveal names of witnesses and panchas regarding German Bakery case.

The court of special judge Usha Thakare on Tuesday rejected defence counsel Abdul Rehman’s application,seeking permission to reveal names of witnesses and panchas regarding German Bakery case. The court,however,allowed Rehman to view footage of CCTVs at German Bakery,the adjoining ‘O’ hotel and ATM centre. The next date of hearing is February 22 when the ATS is likely to submit certain documents towards evidence in the court.

Rehman had moved an application on January 25,seeking permission to access names and addresses of witnesses and panchas,access to footage of CCTVs at German Bakery,the adjoining ‘O’ Hotel and ATM centre and had requested the court to visit German Bakery and Pune Central Mall on Bund Garden Road. Special Public Prosecutor (SPP) Raja Thakare,who was to file his say for these pleas opposed them citing various provisions of Unlawful Activities (Prevention) Act (UAPA),1967 (amended in 2008).

Pertaining to the first request,Rehman argued that most witnesses and panchas are from outside Pune and the accused is lodged in jail. Therefore,there should be no apprehension about threat to them from the accused. Thakare in his reply opposed it saying,“There are six accused persons who are still absconding and has international links. The conspiracy meetings took place in Colombo and in Maharashtra,whereas the actual blast took place in Pune.” Thakare added that a magistrate court here had admitted the ATS request to hide the names of witnesses and panchas on December 4 and that this order has not been challenged by the defence. However,Thakare assured that the names will be disclosed to the defence at appropriate time.

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Justifying his second plea to view CCTV footages,Rehman cited Section 46 of the UAPA Act. However,SPP Thakare argued that this section is applicable to electronic mode of communication like telephone or walkie-talkie and not to CCTV footages. Rehman said he would soon visit the ATS office along with his assistants Kaynath Shaikh and Mohammad Ali Bashir Sayyed.

Meanwhile,as per Rehman’s earlier request,he was handed over a copy of the Al Noor guest house in Mumbai by Assistant Commissioner of Police,ATS,Vinod Satav on Tuesday.


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