New Delhi: Declining to stay the trial court order taking on record as evidence the
intercepted telephone messages between the accused in the Parliament attack case,
the Delhi High Court on July 25 issued a notice to the police on petitions by two
accused challenging the order.
Admitting for hearing separate petitions by city college lecturer S A R Geelani and
Navjot Sandhu alias Afsan, the wife of co-accused and Jaish-e-Mohammed (JeM)
militant Shaukat Hussain, the Court directed the Delhi police to file reply by
August 2.
"No stay can be granted," said Justice M A said refusing stay on the trial court's
July 11 order allowing the prosecution to take on record as evidence the intercepted
conversations on mobile phones between the accused persons.
Geelani's counsel Seema Gulati and Afsan's counsel Nitya Ramakrishan made a forceful
plea for stay of the order but when the court declined to entertain it, they said at
least notices should also be issued on the applications for interim stay filed along
with the petitions.
However, the court said the issue would be looked into during the argument after
prosecution has filed its reply.
Designated Judge S N Dhingra, who is recording evidence in the case against Geelani,
Afsan, her husband Hussain and another JeM militant Mohammed Afzal under POTA, had
rejected their plea in this regard earlier.
The counsel for the accused said if the stay was not granted, their petitions in the
High Court would be come infructuous as the trial court might proceed further
against their clients on the basis of these evidence.
PTI