7/11: MCOCA court told to examine IT experts for retrieving call data
The Bombay High Court directed a special MCOCA court conducting the serial train blasts trial to study all nodal officials and IT experts of mobile service providers to determine if it is possible to retrieve call data of some of the accused.
Justice AM Thipsay passed the direction while hearing a petition of 13 accused who were seeking the production of Call Data Records (CDRs), who said that the CDRs would prove their innocence.
The Anti-Terrorism Squad, investigating the blasts, had earlier told the High Court that it had procured the CDRs and had destroyed them, as it was not being included as evidence.
Justice Thipsay directed the trial court to examine the nodal officers and IT team as court witnesses and see if it was possible to retrieve the CDRs. The court will also scrutinise two ATS officials.
After the examinations, if the trial court believes the CDRs can be retrieved then it would issue appropriate warrants, Justice Thipsay directed.
When it had heard that the investigating officials had destroyed the CDRs, the High Court had questioned their moves. Advocate general Darius Khambata had responded by saying there was no law which stipulated that all documents had to be preserved by officials.
The accused argued that the CDRs were important as the ATS while seeking their remands in 2006 had relied on them before making arrests.
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