Earlier, the special public prosecutor in the case RK Shah had moved an application in the trial court asking for a spectrograph test of the voice samples of three accused.
The special court of judge BU Joshi looking into the Gulbarg Society massacre case will on Monday give its order in connection with the application moved by the prosecution lawyers demanding the voice spectrograph of three accused in the case.
Earlier, the special public prosecutor in the case RK Shah had moved an application in the trial court asking for a spectrograph test of the voice samples of three accused — Madan Chawal,
Mangilal Jain and Raju Prahlad — in the case.
The three featured in a sting operation carried out by Tehelka in connection with the incident. The defence counsel, Mitesh Amin had filed an application with the SIT court urging not to consider the accused as witness in the case.
The defence counsel's application had said that as per article 20 and 21 of the Constitution a person cannot be compelled to be a witness in a case and if he is compelled to do so then it is a violation of his personal liberty.
The defence counsel had further argued that there is no provision in CrPC which makes the accused a witness in the same case.
Earlier, the SIT had taken the sting operation tapes conducted by Tehelka and had filed an application in the special court of judge BU Joshi to permit them to take a voice spectrograph of the 3 accused.
The trio was video-taped during the sting operation titled 'Operation Kalank' in 2007. SIT required voice samples to compare them with the voice recorded in the sting operation tapes.
SIT also recorded statement of Ashish Khaitan, Tehelka reporter, who carried out the sting operation. The tapes show that cops not only gave them a free hand, but also exhorted rioters to kill muslims.
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