The Hindu : HC resumes hearing in Parliament attack case

Online edition of India's National Newspaper
Friday, Apr 25, 2003

National

National

HC resumes hearing in Parliament attack case

By Our Special Correspondent

NEW DELHI APRIL 24. The Delhi High Court today resumed hearing of the appeals filed in the December 13 Parliament attack case. Continuing his presentation of the evidence recorded during the trial, the Special Prosecutor, Gopal Subramanium, dealt with the evidence of police officials who arrested Shaukat Hussain Guru and Mohammed Afzal in Srinagar on December 15, 2001.

Srinagar police officer, M. Bhatt, had stated that they had received the information about Shaukat Hussain and Mohammed Afzal and the number of the truck they were travelling at 5.30 a.m. on December 15. It was on the basis of this information that they located the two men and the truck at around 8 a.m. at the fruit mandi in Srinagar. Formalities of the arrests were completed by 11.45 am.

Justice Pradip Nandrajog asked Mr. Subramanium to link the detail of the arrests to the time when the information about the truck was received as in evidence relating to arrests that Mr. Subramanium had presented earlier the information about the two men and the number of the truck were ascertained only after the arrest of Afsan Guru/Navjot Sandhu.

According to the evidence of Inspector Mohan Chand Sharma of Delhi Police's Special Cell, S.A.R. Geelani was arrested first, at 10 a.m. on December 15, and he led them to the house of Afsan Guru who was arrested at 10.45 a.m.

Mr. Subramanium said that while dealing with the material on record he would arrive at a "safe time" or a "likely time" and the order of arrests. He said that what remained to be considered was the defence's claim that Geelani was arrested on the afternoon of December 14 and Navjot Sandhu on the night of December 14. This would suggest that they had the information prior to 8 a.m. on December 15.

He said that even if Inspector Mohan Chand Sharma's evidence was assumed to be correct and the information was received on December 15 at 10.45 a.m., it could have been "flashed immediately" to Srinagar which would have enabled the arrests at 11.45 a.m.

Justice Nandrajog pointed out that according to the statement of the police official in Srinagar who made the arrests, information about the trucks was recorded as having been received at 5.30 a.m. Mr. Subramanium responded saying: "I am not trying to reconstruct, but your Lordships will have to take a view on how this information came. Was it only because of the disclosure made (by Afsan Guru)". He added that what should also be considered was the view taken by the trial court judge who concluded that "if Bhatt was right, then the arrests must have been a little earlier".

The Judge asked Mr. Subramanium when the police got information of the truck number. Mr Subramnium replied: "Only after the arrests of Geelani and Navjot on December 15 at around 10 a.m. and 10.45 a.m."

The hearing will resume on Monday.

Printer friendly page
Send this article to Friends by E-Mail

National