Priya Gour
Published on: 8th August 2022 at 20:07 IST
The apex court Bench of Justices Hemant Gupta and Vikram Nath suspended the proceedings before the Bengaluru court against Kerala’s People Democratic Party leader Abdul Nazir Maudany and 20 other accused in the 2008 Bengaluru serial bomb blast case.
The Court had suspended the trials till further orders, while hearing a petition filed by the Karnataka Government. Notices had been issued to the accused, represented by Advocate Balaji Srinivasan and Haris Beeran and others.
The Karnataka government counsel Additional Advocate General Nikhil Goel, questioned the validity of the Karnataka High Court’s order issued in January.
The case related to around eight serial bomb blasts occurred on Mysore road in Bengaluru, on 25th July, 2008. The blasts lead caused death of a woman Sudha, while causing injuries to nine others and huge damage to public property.
The Court had called for responses from the leader Maudany and the other accused on the plea by the state government against rejection of its plea on recall of witnesses to prove admissibility of electronic evidence seized .
It was previously held by a Bangalore Court that the forensic report of the expert was not admissible since the certificate required under Section 65B of the Indian Evidence Act was not present along with it.
Henceforth, the application was rejected by trial court as well under which request of recall of two witness was made by the prosecution. The reason quoted was prosecution’s failure to present its case effectively. Lately, the High Court also rejected a plea filed by the state government. The plea mentioned that when electronic records are produced in evidence, even if not accompanied by a certificate under Section 65B, the same shall be held as only a procedural defect. And this can be cured at the stage of trial.
The Court concluded that, “If such a report which refers to electronic gadget is not marked as exhibit, the prosecution will ultimately lose valuable evidence against the accused as such documents can’t be brought before the court at appellate stage.”
For now the trials of the matter is suspended.