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 told PTI.
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-Taiba in Pakistan through Sabauddin Ahmed to carry out the terror attacks.
