26/11 Mumbai terror attack trial: Court issues NBW against Delhi ACP for non-appearance in court

Mumbai: A special court in Mumbai trying the 26/11 Mumbai terror attacks case on Friday issued non-bailable warrant against an assistant commissioner of Delhi Police's special cell for non-appearance in the court.

The court had last month summoned Manishi Chandra, who had arrested key plotter and Lashkar-e-Taiba operative Sayed Zabiuddin Ansari alias Abu Jundal.

It had also asked the registrar of Patiala Court to come before it.

Chandra informed the court that he was busy in some investigation.

Special judge GA Sanap observed that the matter was fixed for evidence and the accused (Jundal) was an undertrial.

The court also said that the matter is required to be disposed of as early as possible and summons was issued for attendance of witness as well as for production of documents well in advance.

Representational image. Reuters

Representational image. Reuters

"I am satisfied on perusal of record that the witness has avoided to attend this court without any sound reason," judge Sanap observed.

The court said that Chandra has not only avoided attending the court but informed the officer of (Patiala) court that he will not be attending, hence the officer of the court has not attended the court and provided documents.

"It seems that the witness who is served with the summons and the officer of court — Pankaj Bharti — decided unilaterally that hearing of this matter should not go on," observed the court.

"In my view this is very serious and wrong on their part. Both of them have directly or indirectly attempted to interfere with the proceedings by not attending the same," the judge said.

Noting that Chandra has disobeyed the summons and the grounds stated for non attendance are totally unacceptable, the court said, "Police officer must give first preference to the evidence matter before any other matter. In view of this state of affairs, I am of the view that it would be proper to issue NBW against the witness (Chandra)."

The court also rejected the prayer of special public prosecutor Ujjwal Nikam that last chance be granted and warrant may not be issued.

Last month Chandra was summoned by the court to record his evidence in the 26/11 case.

Chandra had arrested Jundal and seized a Pakistani passport bearing name Riyasat Ali Khusi Mohammed which bears Jundal's photograph.

He had also seized a national identity card of the government of Pakistan and a green coloured card both bearing Jundal's photograph.

A native of Beed district of Maharashtra, Jundal was interrogated after he was brought here from Delhi where he had been arrested following his deportation from Saudi Arabia in June 2012.

The Mumbai terror attacks of November 2008 left 166 dead and many more injured. In the case Mohammed Ajmal Amir Kasab was caught alive and later he was tried in court and was executed.

The charge sheet has details about Jundal's training in Pakistan, preparations ahead of 26/11, LeT hierarchy, the precise role played those involved, among others.

According to Jundal's confession, LeT training camps enjoyed full support from local, federal police and paramilitary organisations in Pakistan.

According to the charge sheet, after fleeing from Maharashtra, Jundal entered Bangladesh in May 2006 where he was received by an ISI agent.

He then used a boarding pass issued in a fictitious name to fly PIA flight to Pakistan.

Pakistani-American terrorist David Coleman Headley was in 2016 examined as witness in the case. He deposed via video link from US.


Updated Date: Nov 03, 2017 21:30 PM

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