The alleged e-mail communication were forged as most of the accused were in custody during that period, the defence lawyer said.
Suspected Harkat-ul-Jehadi Islami (HuJI) terrorists, accused of hatching a conspiracy to kidnap cricketers Sachin Tendulkar and Sourav Ganguly in 2002 to secure the release of their jailed men, today started advancing final arguments in a court here with the claim that the prosecution failed to prove the charge against them.
"The accused have been framed in the case and the prosecution has failed to prove that they together conspired to commit the alleged offence," advocate MS Khan, appearing for the accused, told additional sessions judge Pinki.
The alleged e-mail communication, referred to by the prosecution to prove the conspiracy among the accused, were forged as most of the accused were in custody during that period, the defence lawyer said.
"Either, the accused were provided with internet facilities inside jail or they (mails) were fake," he said.
Earlier, public prosecutor Anita Hooda concluded the arguments saying HuJI militants were in constant touch with their Pakistan-based handlers for hatching the conspiracy to kidnap cricketers.
She referred to various alleged e-mails exchanged among six HuJI terrorists and their offshore handlers.
The three Pakistan-based militants, Tariq Mohammed, Arshad Khan and Ashfaq Ahmed, had confessed that they conspired to kidnap cricketers for securing the release of two jailed HuJI terrorists Nasarullah Langrial and Abdul Rahim who were then lodged in jails here, she had said. The plot to abduct the cricketers did not succeed as the terrorists could not get the logistic support to execute their design in 2002, police have claimed in the chargesheet.
Besides three Pakistan-based terrorists, three Indians Mufti Israr, Ghulam Qadir Bhatt and Ghulam Mohd Dar were also allegedly part of the conspiracy.
All the militants, including key accused Jalaluddin who was declared a proclaimed offender during the trial, had also planned to attack the Bhaba Atomic Research Centre (BARC) in Mumbai and assassinate former president APJ Abdul Kalam during his Patna visit in 2002, the chargesheet said.
They have been booked under tough anti-terror law Pota, IPC and the Explosives Act which provide for maximum sentence of death penalty.
They are charged with hatching conspiracy to wage a war against the state and keeping explosives.
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