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ShareThe commandos of the National Security Guard (NSG) deposing before the court conducting the 26/11 trial would add transparency to the case, the Bombay high court said on Wednesday.The central government and three NSG officers have filed a petition in the high court, challenging the summons issued by the trial court for the recording of evidence on November 9.
Hearing it, justice JN Patel and justice Amjad Sayed said that TV viewers worldwide have seen the NSG rescue operations. But the cameras did not show them killing the terrorists. So, unless the commandos testified before the court, there would be no proof that the terrorists at the Taj, Nariman House and the Oberoi were terminated by them.
"This (deposition by the NSGs) will inspire confidence in the people," justice Patel said.
Additional solicitor general DJ Khambata argued that national security would be at stake if the commandos were questioned about their strategies in open court. "The essence of the NSG operations is confidentiality and secrecy," Khambata said. If their strategies were disclosed, it would hamper them in future rescue operations, he added.
Khambata said that there were statements of witnesses and post-mortem reports testifying that the slain terrorists died of bullet injuries. Moreover, the charges were against those who shot at scores of innocent people, and not the NSG officers who shot at the terrorists, he pointed out. "The accused have become accusers. How can that be?" Khambata asked. He said that the government apprehended that the court might summon moreof the 650 NSG officers who participated in the 26/11 rescue operations to testify in future.
"They (NSG commandos) are not exposed so that they do not face retribution from the terrorists and their families," Khambata told the court. Justice Patel, however, said that if the judge convicts the terrorists, he too would be facing the same danger. "What are we doing to protect the judge?" justice Patel asked.
The court said that some "chiselling" would be done to restrain the prosecution and the defence from cross-examining the NSG officers on the point of "how the terrorists were killed."It asked the Centre to submit guidelines pertaining to the examination of the commandos on Thursday.
