Mumbai: The Bombay High Court on Monday reserved order on a petition filed by 13 alleged SIMI members seeking production of Call Data Records (CDRs) by the investigating agency in the 7/11 serial train blasts case, which had been used to secure their remand.
The matter had created a controversy after the state told the court that it had destroyed the CDRs.
The court had earlier expressed its doubt on whether the state has actually destroyed it as claimed by them.
The court had observed that it had a feeling that it was somewhere and the state was trying to hide it.
"I have to also see whether the soft copy could have been destroyed by the state even if they were not relying on it," justice AM Thipsay said.
"Even if you were not relying on it and if it is in favour of the defence, you should have given it to them," Justice Thipsay opined.
The court was hearing an application by 13 alleged SIMI members facing trial in the 7/11 blasts, challenging the order of a special MCOCA court that rejected their plea seeking examination of three police officers and production of the CDRs that the ATS claimed to have used to secure their remand.
The court had earlier allowed the accused to examine the three police officers. However, on production of CDR, it reserved its ruling.
Advocate General Darius Khambata today said that the accused were free to retrieve the records from the telecom companies and the state government would be happy to cooperate.