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
V/S
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.
ix)IT officer(MTNL)
BKC,Bandra(E),Mumbai,
(For proving the accessibility of the Mobile
record of MTNL even after the period of one year in the system)
x)Mr.
(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)
xi)PI. Mohite,(ATS)
(For proving tampering of the defense
evidence deliberately)
And for this act of kindness the Accused as in duty
bound shall ever pray.
Place: Mumbai,
Dated: 29th day of July.2013
KHAN
ABDUL WAHAB
(ADVOCATE
FOR THE ACCUSED)