New Delhi, Feb 21: The Supreme Court today issued notices to all the accused in the Parliament attack case on a Delhi government petition challenging the high court orderholding that illegally intercepted telephonic conversation would not be an admissible evidence under Pota. A bench comprising Justice S N Variva and Justice B N Agrawal issued notices to S A R Geelani, Shaukat Hussain alias Guru and Navjot Sandhu alias Afshan Guru on a petition filed by the Delhi Police special cell.


The bench asked the accused to file their response within three weeks. On behalf of Geelani, the notice was accepted in the court by advocate Nikhil Nayar.
Setting aside an order of special court which held that the intercepted conversation between accused Geelani, Hussain alias Guru and his wife Afsan was admissible under Pota, the Delhi High Court had held that unless prior sanction was taken for intercepting telephonic talks, the same could not be taken for consideration while framing of charges.

The order was given by justice m a khan on appeals by the three accused against the special court`s July 11 order rejecting their applications challenging the inclusion of intercepts as evidence under Pota.
The court, however, said the intercepts recorded by the police under the telegraph act would be considered by the trial court for proving the offences under Indian Penal Code (IPC) and the explosives substance act.

Bureau Report