Mumbai: One more accused in 26/11 terror
attacks case has moved the Bombay High Court seeking re-trial
on the ground that he has no confidence in the trial judge.
Sabauddin Ahmed is the second accused after Faheem Ansari
who knocked the doors of the High Court seeking replacement of
Justice M L Tahaliyani for a fair trial.
According to the legal experts, the move is considered
significant as it has come at the fag end when the prosecution
is about to wind up the case against the accused.
The third accused Mohammed Ajmal Kasab too had expressed
no confidence in the trial judge and sought re-trial by an
international court to seek justice. However, his plea as well
as those of the other accused was rejected by the trial judge.
The trial judge also issued contempt notice against
Faheem and Sabauddin for levelling allegations against the
justice.
Both Faheem and Sabauddin wrote separate letters in
English and forwarded them to the High Court through the jail
authorities.
Faheem's application was heard on Friday by the High
Court which directed public prosecutor Rajesh More to file a
reply within two weeks and ordered appointment of a lawyer
from the legal aid cell to argue the case on behalf of the
petitioner.
Sabauddin's application has not come up for hearing so
far, his lawyer Ejaz Naqvi said.
Sabauddin claimed in his application that the judge had
sent him out of the court on certain occasions and not allowed
him to speak in the open court. He alleged that the judge has
not been fair to him.
Faheem alleged that the court was not properly recording
the evidence in the case and sought audio recording and live
telecast of the proceedings. He also sought a stay on the
trial until his application is disposed of.
Faheem cited the evidence tendered by Hemant Bavdhankar
Of D B Marg police station, saying the court had recorded that
the car hijacked by suspected terrorists Ajmal Kasab and Abu
Ismael was moving towards Malabar Hill.
Faheem alleged that the court had latter clarified that
the car was facing towards Malabar Hill.
Faheem is facing the charge of preparing maps of Mumbai
locations which were targeted in the 26/11 attacks and passing
them on to Lashkar-e-Toiba in Pakistan through Sabauddin
Ahmed to carry out the terror attacks.
Bureau Report