'If you don't pull up cops for falsifying evidence, what stops them from doing so again?'
MUMBAI, July 27 -- Advocate Yug Chaudhry who led the defence of the 7/11 blasts accused acquitted last week, speaks to HT's Jyoti Punwani about the significance of the Bombay High Court's judgment and how the victims can seek justice.
The fact that they were held innocent has not been stayed. Nor has their release. That's because the judgment is very sound.
The stay has been granted only because of the effect this judgment would have on other MCOCA trials currently on. Because the court agreed with our argument that for MCOCA to be applied, an accused must have been charge sheeted in two cases where the punishment is a minimum of three years, not a maximum of three years. That finding could derail other MCOCA trials.
Not just the accused, for me personally as well. This judgment is that light I will look to when I am sunk in despair. It has restored not just my faith in the judiciary but in humanity and courage, in kindness and above all in human decency.
Appellate judges seldom reverse convictions in terror cases.
You have to scale a very high mountain to get a terror conviction reversed. It is only because the judges were legally and morally convinced of the innocence of the accused that they did so.
What convinced them was the utter blatant fabrication of evidence against the accused and the very obvious fact that the investigation and prosecution of the case lacked integrity, credibility and honesty. The evidence produced was an insult to the intelligence.
That's what I can't understand. No ideologically driven party can have a vested interest in the miscarriage of justice. I would request these parties: please see the evidence for yourself. Ask yourself, how can copy paste confessions by different accused given to different DCPs be genuine? Why were the CDRs destroyed? These CDRs were relied upon to get police remand of the accused; the police claimed the CDRs showed they were in touch with each other and with the LeT. Yet, not only were they not used by the prosecution, when we got an order that they should be handed to us, the prosecution said they've been destroyed!
The senior officer investigating the case kept saying he won't answer to all questions we asked (when pressed about the CDRs), they kept saying, "I can't remember, I don't know." Is this how an honest investigation is run?
They must urge the government to set up an SIT with high-ranking members: judges, bureaucrats and members of civil society to look into the entire case again, especially the evidence submitted by Rakesh Maria, which pointed towards the IM having done it. 189 persons have died; this needs an honest investigation.
By insisting on the rule of law, and by ensuring accountability of the police for their misdeeds. If you don't pull up the police for falsifying evidence, what stops them from doing so again? If there is a judicial finding about evidence having been fabricated, those doing so must be pulled up....
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