In what may impact the 2008 Malegaon blasts trial before the lower court, the Bombay High Court on Tuesday asked the National Investigation Agency (NIA) to give its consent to quash the application to use photocopies of confessional and witness statements in the trial.
A Division Bench of Justices Abhay Oka and A.S. Gadkari was hearing a bunch of appeals filed by the accused Sameer Kulkarni, raising a contention about the trial court accepting photocopies of confessional and witness statements in the trial.
In April 2016, the NIA court had been informed that the original documents were untraceable and in January 2017, it had allowed the agency to use the available copies as secondary evidence.
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The NIA counsel Sandhesh Patil told the Bench that since the special court had approved the use of the photocopies, the High Court must dismiss the appeal challenging the special court order.
The court, however, told the agency if it didn’t change its conduct, they will be forced to stay the trial. “You realise a stay on the trial will end up benefiting the accused. However, if you continue your delay tactics, this court will be left with no choice,” it said.
The Bench further said, “Prima facie we find the lower court order is not tenable and there is no evidence or witness to prove that the photocopies are taken of the originals.” The court told the NIA to give its consent to quash the application filed before the lower court by them and file a fresh one.
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In the last hearing, the court had told the NIA to ensure that the trial is “carried out smoothly” and not to entertain applications filed by both parties.