Mumbai, May 03: In a significant order, a special court today ruled that deported accused in 1993 bomb blast case Ejaz Pathan would be included in the ongoing trial along with other accused and would not be tried separately.
The court's ruling sparked off a debate in legal circles whether the ten-year-long trial would be further delayed or end shortly.
Defence lawyer Farhana shah said the accused would have the right to defend himself and recall witnesses concerning his alleged role in the conspiracy. To that extent, the trial would be delayed.
However, special prosecutor Ujjwal Nikam said the court would follow due process of law and this did not mean that the trial would be delayed.
CBI argued that Pathan was part of the same conspiracy that led to 1993 explosions and should therefore be tried with others. However, CBI left it to the discretion of the court.
Defence lawyers Abbas Kazmi and Farhana Shah said the prosecution should first open its case against Pathan and then they would reveal their further course of action.
After hearing arguments from both sides, the court ruled that Pathan should be tried along with other accused. His name figured in the charge sheet and the CBI's case against him had already been opened. Hence he should be included in the on going trial, designated judge P D Kode held.
CBI argued that Pathan had already made a confession and that the offence allegedly committed by him was part of the same conspiracy hatched by Pakistan-based don Dawood Ibrahim to create serial explosions. Therefore, he should be tried in this case along with others and not separately.
Bureau Report
