Mumbai 7/11 local train bombing accused, Ehtesham Siddiqui, through his lawyer, Abdul Wahab Khan, on August 6, 2013, filed an application in the special MCOCA court seeking permission to call 11 persons as witnesses in his case. The application is as below:
IN THE COURT OF SPECIAL JUDGE CONSTITUED UNDER
MAHARASHTRA CONTROL OF ORGANISED ACT.1999 FOR GREATER MUMBAI
M.C.O.C SPL.CASE NO.21 OF 2006
KAMAL ANSARI AND OT HERS. APPLICANT/ORIG.ACCUSED
THE STATE OF MAHARSHTRA RESPONDENT/ORIG.COMPLT
APPLICATION FOR ALLOWING THE ACCUSED PERSONS TO EXAMINE THE BELOWMENTIONED WITTNESS AS DEFENCE WITTNESS IN VEIW OF NEW MATERIAL WHICH HAS COME ON RECORD DURING THE COURSE OF PROCEEDING OF THE CASE AFTER THE CLOSURE PURSES FILED BY THE PROSECUTION AND DURING THE CROSS EXAMINAITON OF THE DEFENCE WITTNESS.
MAY IT PLEASE YOUR HONOUR
This Hon;ble Court may graciously be pleased to allow the Defense to Examine the below mentioned witness as Defense witness in support of their case in order to prove there innocence and falls implication, in view of new material which has come on record during the course of the examination of the defense witness. The evidence of this witness is material, relevant and admissible under the law and very much necessary for unfolding the truth for the just decision of the case.
i)Shri.S.N Chinchambekar,I/C Chief M.M at Esplanade Court, Mumbai having charge on 18-10-2008 for proving the confirmation proceeding of the confessional statement of 3 defense witness viz DW No.33,34 and 35.
DW33-Sadique Asrar Shaikh
DW34-Md Arif Badruddin Shaikh Indian Mujahedeen Accused
DW35-Ansar Ahmed Badsha Shaikh
(He had confirmed the voluntariness of the confessional statement of Sadique Asrar Shaikh, Ansar Badsha Shaikh, Arif Badruddin Shaikh u/s 18(4) & (5) of MCOCA 1999. Reason for calling him that, he shall prove the voluntariness of the confession of the all above three accused . As per section 18 18(4) & (5) of MCOCA 1999 the accused when give confession on DCP ,then required to be produced before CMM for verification that he had given confession to DCP)
ii)Shri.Vishwas Nagre Patil(Then DCP, who recorded the Confessional Statement of DW No.33)for proving the Contradiction and its voluntary nature.
(For proving the contradiction of confessional statement given by Sadique Israr Shaikh , Sadique had denied the content ,since this witness had recorded the confessional ,the he will prove the confession of Sadique)
iii) Shri.Milind Bharambe(Then DCP,who recorded the Confessional Statement of DW No.34)for proving the Contradiction and its voluntary nature.
(for proving the contradiction of confessional statement of Md Arif Badsha Shaikh)
iv) Shri.Dilip Sawantl(Then DCP,who recorded the Confessional Statement of
DW No.35)for proving the Contradiction and its voluntary nature.
(For proving the contradiction of confessional statement of Ansar Ahmed Badsha )
v)Mrs.Dilshad Sikander Shaikh,
r/a.Raza Tower,Dakhan Co-Op Hsg.Society,
Shivdi Cross Road,Mumbai.(phone NO.24128378)
(for proving access of her Room to the DW No.33 and his Companion for preparing the Bomb for causing the Blast on 7-11-2006 in the western local train in the first class compartment, immediately prior to the occurrence of the incident as deposed by DW No.33 in his evidence)
vi)Mahendarbhai Dedhia, Who’s statement was recorded in C.R No.41 of 2006 comprising in Volume E-III, produced at belated stage ,and who was traced out by PI.Kathkhede of Bandra Police Station, and reflected in Case diary dated 28-9-2006 as deposed by PW No.167.
vii) Arvind Umarshi Shah,Who’s statement was recorded in C.R No.41 of 2006 comprising in Volume E-III, produced at belated stage ,and who was traced out by PI.Kathkhede of Bandra Police Station, and reflected in Case diary dated 28-9-2006 as deposed by PW No.167.
(for both above –sold the pressure cooker to some person looking like kashmiri at Santacruz)
viii)Dr.Suhas Warke(IO in MCOC Spl.Case No.23 of 2006)
presently attached to NIA,
(in view of awaited judgment in pending Appeal before the Hon;ble High Court for examining Mr.Kishan Shengal(earlier IO in MCOC.Spl.Case No.23 of 2006)to shows plantation and accessibility of the RDX to him during the period when the present Accused came to be arrested, interrogated and recovery of the traces of RDX was shown from their possession and/or at their instance from different places and attempt to make some of the present Accused as approver.
(For proving the accessibility of the Mobile record of MTNL even after the period of one year in the system)
(uncle of Abu Rashid)
(The statement of this witness was initially suppressed and not filed with the final report and during the course of the defense evidence the same was produced with the intention of causing prejudice to the defense. For proving that Abu Rashid is wanted in so many terror case)
(For proving tampering of the defense evidence deliberately)
And for this act of kindness the Accused as in duty bound shall ever pray.
Dated: 29th day of July.2013
KHAN ABDUL WAHAB
(ADVOCATE FOR THE ACCUSED)