29, Mar 2011

Application to Authenticate CD of
Phone Call Records, Record Evidence to Prove Call Contents and
Location and Tie Up Loopholes in Evidence (witness advocates in
Gulberg Society Massacre Case)

March 29, 2011

Advocate for the victims and witnesses in the Gulberg Society
Massacre case, S M Vohra, has filed a detailed application urging
the Trial Court to order the SIT (Special Investigation Team)
appointed by the Supreme Court to rectify the loopholes in evidence
brought on record in this case.

The Court has placed the application for
arguments on April 5.

The application details how under provisions of
the Evidence Act it is critical that the integrity and authenticity
of the CD placed on records by Rahul Sharma then DCB Crime before
the Nanavati Commission is verified and call records ownership are
authenticated and locational reach of mobile towers are proved. By
deliberately being lax in tying up the evidence, an escape route
could be provided to the perpetrators.

For
example
–the destruction of phone records of Ahsan Jafri has not been
probed by SIT nor statements recorded or criminal responsibility
pinned on the policemen perpetrators responsible for this offence

–similarly the phone records of senior cops like then Commissioner
of Police PC Pande who received 15 calls from the Chief Minister’s
Office between about 12 noon and 3 pm when both Gulberg society and
Naroda were under attack has been left un-investigated with no
statement being recorded of Pande or the CMO in this connection.

–Similarly the locational
records of then Jt CP Zone IV MK Tandon and DCP PB Gondia, revealed
after witnesses were granted an application for further
investigation under section 173(8) of the CRPC on 7.9.2009, have
also been left un-investigated by SIT.

Applications.
29.03.11Application
29.03.11Further Application-173 (8)