Court reserves order to examine US witnesses in 26/11 case

Mumbai, Aug 3 (PTI) A special court Monday said it will
pronounce its order Tuesday on a prosecution plea to examine
three witnesses from United States through video conference in
the 26/11 terror attack case.

Their examination would throw light on the telephonic
communication between terrorists and their handlers in
Pakistan during the terror attacks in Mumbai on November 26
last year, special public prosecutor Ujjwal Nikam said.

The witnesses' deposition will expose the nature of the
conspiracy which has international ramifications. However,
their identities have been kept under wraps as there is a
threat to their lives, Nikam said.

He further submitted that under section 273 of CrPC,
evidence is required to be recorded in the presence of accused
and this could be done through video conference.

However, lawyer Abbas Kazmi, representing prime accused
Mohammed Kasab, opposed the prosecution plea saying there was
no extradition treaty between India and US and if a witness
gave false evidence he could not be tried for perjury (giving
false evidence).

Nikam submitted that there existed a treaty between the
two countries on mutual legal assistance and if it is
established that a witness has given false evidence, an Indian
court had the powers to take cognisance of such offence.

After hearing arguments, judge M L Tahaliyani said he
would give the order tomorrow. PTI SVS
AM