Mumbai: The Bombay High Court ticked off a special MCOCA court conducting trial in the 2006 serial train bomb blasts and the Maharashtra ATS for refusing to provide documents relating to the Call Data Records (CDRs) to some of the accused in the case.
Justice A M Thipsay had on December 10 directed the trial court to examine nodal officers and IT experts of mobile service providers to ascertain if it was possible to retrieve CDRs which the ATS claim they have destroyed.
The order was passed on a petition filed by some of the accused in the case seeking production of CDRs which had been used by the ATS to secure their remand.
According to them, the CDRs were crucial to establish their innocence.
The accused approached the high court after the trial court rejected their application.
"Considering the relevance of the CDRs and their importance from the point of view of the accused it appears the trial court ought to have called for those documents.
The trial judge has not applied his mind. The refusal of the trial court to direct the nodal officers to file affidavits that the CDRs were not available was improper and not in accordance with law," Justice Thipsay said.
These observations have been made in the 57-page order which was made available today.
The order further states that the CDRs were certainly relevant and admissible in evidence and the accused should be given an opportunity to put forth their defence effectively.
"The trial judge has failed to comprehend the correct legal position with respect to the rights of the accused to have the documents summoned or produced before the court for the purpose of his defence. The concept of fairness would require such documents to be given to the accused," Justice Thipsay said.