Gujarat high court orders designated court to produce the missing document of advocate attack case on Aug 26.
An instance of an important document of a Pota case going missing has been revealed during the hearing of an appeal of a convict of the advocate Hasmukh Lalwala attack case before the Gujarat high court.
During hearing of the appeal, a bench of the high court found that the confessional statement given by the convict, Mohammad Arif Bakaswala, has not been provided with the papers of the case. A bench of justices JR Vora and HB Antani has directed its registry to direct the designated Pota court to furnish the document. The court also said that it would pass necessary orders if the original document is not produced. The court has posted further hearing on August 26.
The matter came to the fore when the bench was perusing the prosecution’s evidence produced before the chief judicial magistrate of Surat. The bench found that Bakaswala’s confession was not placed on record in the paper book. The statement was taken before the deputy commissioner of police of Surat and then before the chief judicial magistrate. A confessional statement is among the most important documents under Pota as the accused can be convicted on its basis.
The case relates to attack on Hasmukh Lalwala, an eminent lawyer of Surat and VHP activist, on May 21, 2002. He was shot at near his residence by two unidentified assailants who came riding a bike.
The then designated Pota judge, SG Gokani, had awarded seven-year rigorous imprisonment to accused Mufti Tahir Mohammed Arif Bakaswala and Ashraf Ismail Nagori. Out of total five accused, two had died during the trial and one Salim Variava was absconding at the time of judgment.
“The Registry (high court) is directed to direct the trial court to forward Exhibit-107 in original to this court on or before August 26, 2009, failing which necessary orders shall be passed,” observed the bench while delivering the order. “The Registry shall take steps immediately and shall inform this court about the steps taken,” the bench further said.
Meanwhile, JM Panchal, special counsel for Pota cases, said they have a certified copy of the confession. “We have a certified copy of the original statement and will produce it before the court,” he told DNA.
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