Convict seeks call data of witnesses, court rejects plea

MUMBAI: The sessions court on Tuesday rejected the plea of a convict, sentenced to death for his role in the 2006 local train bombings. Ehtesham Siddiqui, one of the 12 convicts in the case, had in his plea demanded for the call record data of the prosecution’s witnesses.

Siddiqui claimed that the prosecution’s case against him and the other convicts was nothing but a “cooked up story.” He had, therefore, sought call data records of the witnesses to see their location at relevant times. He claimed that the prosecution witnesses were either entrusted witnesses or they were threatened to depose against them during the trial. Siddiqui sought the data to see their location at the relevant time and compare with their claims in their deposition.

Additional sessions judge AH Laddhad rejected his plea observing that such an exercise cannot be permitted as there will be no end to any litigation. The judge rejected Siddiqui’s plea on the round of delay, saying he could have raised the contention at the time of trial.

Siddiqui approached the sessions court on March 28, 2018 after the magistrate court had on August 2, 2016, turned down Siddiqui’s plea. The court refused to hear his plea and dismissed it as

not maintainable. It held that the case is pending before the Bombay high court (HC) and that there is no decision on the falsity and credibility of the witnesses who deposed in the trial from the HC. The court had also held that the plea filed by Siddiqui was premature.

Along with four other convicts, Siddiqui was awarded the death sentence on September 30, 2015 by the special court under Maharashtra Control of Organised Crime Act (MCOCA). Although three years have passed since the court sentenced him to the gallows, Siddiqui is still attempting to prove his innocence while on the death row.

The MCOCA court as per procedure referred the case to the HC after its verdict for the confirmation of the sentences .