The union government on Thursday proposed before the Bombay high court that the National Security Guard (NSG) commandos may depose through video conferencing in the 26/11 terror attacks case.
Additional solicitor-general Darius Khambata also told the court that the identities of the three commandos may be kept a secret. The Union government had challenged the order passed by the trial court that summoned three NSG commandos, including one involved in the counter-terrorism operation at Oberoi Hotel.
The trial court had summoned the three commandos stating that the court would require first-hand information on the operation. Khambata had argued that national security would be at stake if the commandos were questioned about their strategies in open court. he had said that the essence of the NSG operations is confidentiality and secrecy.
If their strategies were disclosed, it would hamper them in future rescue operations.
While the division bench of justices JN Patel and Amjad Sayed partially agreed with the trial court order, they agreed to pass directions relating to the secrecy of the operation.
Khambata argued that the trial court should be directed to confine the questioning of the NSG commandos only to the encounter of the terrorists and not to allow any questions relating to the operational techniques or methods.
Khambata also said that if the trial court wanted to summon any more NSG commandos in future, prosecution should be allowed to move the high court. After considering the suggestions of the Union, the bench will pass an order on Friday.
Khambata, today, submitted to the court certain suggestions as to how commandoes evidence may be recorded by trial court.
Khambata also said that if trial court wanted to summon any more NSG commandoes in future, prosecution should seek High Court's permission. Division bench of justices JN Patel and Amjed Sayed would pass the order tomorrow.
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