Sunday, February 6 2005 09:47 Hrs (IST) - World Time -

Mumbai: Despite stiff opposition from the prosecution, a special court has allowed suspected terrorist Mohammed Afroze to examine Maharashtra PWD Minister Chhagan Bhujbal, former city police commissioner M N Singh and two other top police officers as defence witnesses.

The court also issued on Friday (Feb 4, 2005) bailable warrant against Pradip Sawant, suspended Deputy Commissioner of Police, asking him to appear on February 18 as defence witness to tender evidence in Afroze's case. The warrant was issued as Sawant failed to appear on earlier two occasions.

Afroze was arrested on October 2, 2002, on the charge of waging war against the nation. According to police, he was part of the al-Qaida network team which had planned to blow up House of Commons in UK, the Indian Parliament and Rialto Tower in Australia. Initially, he was booked under POTA (Prevention of Terrorism Act) but the POTA charge was dropped later and he is being tried under IPC.

Afroze had urged the court to examine Bhujbal and others as witnesses as they had sanctioned his prosecution at the relevant time.

Hearing Afroze's lawyer Mubin Solkar, the designated judge A P Bhangale had written letters to Bhujbal, former police chief M N Singh, former joint commissioner of police Bhujangrao Mohite and suspended DCP Pradip Sawant to appear as defence witnesses.

However, prosecutor Ujjwal Nikam filed an application urging the court to withdraw these letters on the ground that Afroze was trying to create a sensation and gain publicity by examining Bhujbal and top police officers as witnesses.

Observing that Afroze had a right to examine witnesses, the court rejected prosecution's plea.

The court ruled that the defence is expected to lead relevant and admissible evidence to meet the prosecution's case. The prosecution could object only if the evidence led by defence was not relevant to the case and not otherwise, the judge said.

The prosecution is free not to cross examine the defence witness if it feels and opines that such witness was not relevant to the case, the court observed.

After the deposition of Sawant, Afroze would examine Bhujbal, Singh and Mohite, his lawyer said.