Confessions to be enough in 1993 case

The special terrorist and disruptive activities (TADA) prevention court held in its judgment copy that the evidence, which was used by the prosecution while proving charges against the 1993 Mumbai serial blast convicts, could also be used against the 33 absconding accused, including mastermind Dawood Kaskar, Tiger Memon, Mohd Dossa when they are arrested.

The court also said any direct evidence in the case could hardly be made available as secrecy was the hall mark of conspiracy. Thus, confessional statements were the only evidence to prove the guilt of the accused.

Special public prosecutor Deepak Salvi, during the trial, had moved the Supreme Court to seek permission to allow the agency to use confessions, recorded in part A of the blasts case, be also used in part B, the current case.

The Supreme Court also held that while allowing the applications, it ensured that the rights of the accused were safeguarded and that the accused were given an opportunity to meet the evidence, led by the prosecution in part A.

The accused, accordingly, also exercised the right and cross examined the relevant witnessed.

"The record reveals that in this trial 33 accused are still absconding. Nearly 23 years have passed and the absconding accused are not in India. It is a matter of record that prominent among them Dawood, Anees, Tiger, and Dossa have taken shelter in Pakistan."