Date:22/04/2005 URL: http://www.thehindu.com/2005/04/22/stories/2005042206560400.htm

Tamil Nadu

Apex court declines to stay Coimbatore serial blasts case trial

Legal Correspondent

`Recalling witnesses will delay proceedings further'

NEW DELHI: The Supreme Court on Thursday declined to entertain a petition filed by Mohammed Ansari, an accused in the Coimbatore serial bomb blasts case, seeking to recall 63 witnesses already examined in the Sessions Court and to stay the trial till then. A Bench, comprising Justice K.G. Balakrishnan and Justice Tarun Chatterjee, dismissed the special leave petition against a judgment of the Madras High Court turning down his plea to recall the witnesses.

The Bench said all the 167 accused were still in jail and the trial had been going on for the last six and half years. If the trial was stayed or witnesses were recalled at this stage, the proceedings would be delayed further.

Ansari filed an application before the trial court seeking to recall 63 or the 1,299 witnesses saying counsel for the accused were not present when they were examined. The court said only nine of the 63 witnesses would be recalled. Against this a revision was filed in the High Court, which on January 18 upheld the trial court's order. The special leave petition was directed against this order.

Ansari said the accused should not be held liable for non-appearance of state-appointed lawyers.

The power to recall the witnesses already examined could be invoked, even if the evidence of both sides had been closed, so long as the case was pending before the court.