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Produce Afzal Usmani in court, Bombay HC tells cops

A month later, the Maharashtra Anti Terrorism Squad (ATS) had re-arrested Usmani from Uttar Pradesh.

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The Bombay high court recently ordered the Mumbai Police to produce alleged Indian Mujahideen (IM) operative Afzal Usmani before a magistrate court in person and not through video-conferencing. Incidentally, the case in which Usmani is being told to be produced in court is with regards to his September 20, 2013 escape from the sessions court with the help of his nephew.

A month later, the Maharashtra Anti Terrorism Squad (ATS) had re-arrested Usmani from Uttar Pradesh. A case in this regard was registered against him at the Colaba police station. This was later transferred to the ATS. The trial is going on at the Mazgaon metropolitan court.

Usmani and co-accused Mohammed Javed Khan had written to the high court seeking transfer of their case to another magistrate. They claimed: "The presiding officer has a bias against them. They are not being produced before the court and the evidence is being recorded through video-conferencing. This they alleged created a difficulty for them in understanding the proceedings, deprived them of a proper opportunity to consult their advocates and discuss the matter with them."

In his order, justice Abhay Thipsay observed that the grievance was justified. The order said: "There would be a lot of difference between the actual physical presence in the court when the recording of evidence is going on and the presence through video conferencing. The reason given by the police for non-production, that the police are not having adequate force to secure the production under safe and sure custody, is not acceptable."

The court further said: "It would be the duty of the state to ensure that the accused are produced before the court on the date of hearing, particularly when the evidence is to be recorded. Only evidence of
formal nature can be permitted to be recorded through video conferencing and not vital and important evidence. There is no such difficulty which would justify the non-production of the applicants before the trial court during the recording of evidence."

Justice Thipsay directed police commissioner Rakesh Maria to ensure that accused are physically produced before the magistrate and if necessary make special arrangement to ensure production.
The prosecution is to examine nine witnesses in the case, out of which seven have already deposed. An officer attached with the ATS said the trial could have been completed by now but the accused have been making several applications and delaying it.

In a major security lapse in 2013, Usmani had given police the slip when he was brought to the Maharashtra Control of Organized Crime Act (MCOCA) court, along with 18 others from Taloja Central Jail in Navi Mumbai, in connection with the Ahmedabad blasts case.

Usmani is alleged to have been involved in stealing four cars which were used to transport explosives to Ahmedabad and Surat. He was also charged with planting bombs. A series of 21 bomb blasts had rocked Ahmedabad on July 26, 2008, within a span of 70 minutes, killing 56 people and wounding over 200.

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