To prove their innocence, the accused are using RTI, calling for call data records (CDR) and even asking for confessional statement CDs from the investigating agency. The 13 suspected SIMI members who were said to be responsible for the blasts are still behind bars but the crime branch in 2008 had claimed that they were not responsible and that the carnage was the handiwork of the now-banned outfit, Indian Mujahideen (IM).
Seven RDX bombs, planted in the first class compartments of seven trains, exploded during the evening peak hour on July 11, 2006, near Matunga, Khar, Bandra, Borivli and Mahim stations.
For instance, 31-year-old blasts accused, Ethesham Siddiqui, has time again used his RTI query replies to point out at loopholes in the prosecution's case. Last month Siddiqui , who also appeared as one among the defence's listed of 48 witnesses, told the court that two documents procured under the act, revealed that his signature could have been forged on a document showing his alleged willingness to confess. Siddiqui pointed out while the document produced in court had his alleged signature, a copy of the same document received through an RTI query bore no such signature.
Earlier in May, Siddiqui referred to another query and said that the information contradicted the statements of several prosecution witnesses. A prosecution witness had earlier claimed that he had boarded a Virar bound train at 5.15 pm from Churchgate. However an RTI reply sought from the railways showed that there was no such train, Siddiqui also claimed that documents revealed that many witnesses were either police informers or under the influence of the investigating agency.
The defence also pointed out that the Dr Tanvir Ansari was actually not present at the place alleged by the prosecution. " A defence witness, a colleague working at Ansari's hospital, testified that on the day of the blasts he was in the hospital, attending to a patient," the defence said.
Siddiqui was also accused of manufacturing pressure cooker bombs with other accused at the Govandi residence of Mohammad Ali, another co-accused charge-sheeted in the case. He also said that at the time of the blasts on July 11, 2006 he was in Meera Road. "I was offering Maghrib prayers in a Mira Road mosque on the fateful day, and was informed about the blasts when I came out of the mosque", he said. The police claimed that Siddiqui was at Churchgate railway station on July 11 and had played a key role in planting the bombs.
The accused after submission of the call records had petitioned before the court to depose as witnesses. "They had used the CDR to show that they were present at the places the ATS alleged they were on that day," defence lawyer Sharif Shaikh said.
According to the ATS, it was the SIMI members who was responsible and that the bombs were made in Govandi. The ATS had also claimed 11 Pakistanis had entered Mumbai, assembled bombs and planted them on trains, before fleeing. But not a single Pakistani was caught. Interestingly, the prosecution could not even mention name of all the Pakistani bomb planters it has been talking about. The accused face charges under MCOCA and the trial is being heard by special judge Y D Shinde.
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