Setback for Abu Salem and Mustafa Dossa in 1993 blasts case

MUMBAI: In what could be a blow to even underworld don Dawood Ibrahim, special Tada judge G A Sanap has allowed the CBI to prove the unavailability of over 170 witnesses, whose depositions in the 1993 bomb blasts case may then be used as evidence against seven accused on trial now and others who are on the run.
Dawood Ibrahim, Tiger Memon and Mohhammed Dossa are three main accused in the case still wanted.
The immediate setback comes to Abu Salem and six others, including Mohammed Dossa’s brother Mustafa Dossa, currently on trial in the case after the main trial of 123 accused ended in 2006.
In 2009 and 2011, the SC through two separate orders allowed the accused to cross-examine any of the original 686 witnesses who had already deposed in their absence.
The CBI pointed to a 1995 order by the Tada court under Section 299 of the CrPC permitting deposition of all original witnesses to be used as evidence against known and unknown absconding accused. CBI counsel Deepal Salvi said the section allows that depositions of dead witnesses or those incapable of being brought to court again for cross-examination or untraceable and whose appearance may cause unreasonable delay can also be used against the accused subsequently arrested.
Salem cross-examined three witnesses, Dossa about 50, and Firoz Khan some 300. He wants to cross-examine all. Three other accused, Taher Merchant, Riyaz Siddiqui and Abdul Qayoom, do not wish to cross-examine any.
Salvi said 73 original witnesses were dead, 28 indisposed and 78 untraceable and sought permission from the Tada court to produce evidence and witnesses to prove their unavailable status, which all seven opposed.
Salem’s lawyer S Pasbola said the depositions cannot be used against Salem unless proved properly.
Musatafa Dossa, named in 1995 by a co-accused but not named in a supplementary chargesheet, was arrested in 2003 and charged subsequently. His lawyer Rizwan Merchant said his trial began in 2003 as a separate trial, not joined with the main trial.
“The 1995 order under Section 299 does not apply to Dossa since neither his name nor his role was disclosed to the CBI or court,” Merchant said.
In 1995, Dawood, Tiger Memon, Mohammed Dossa and Abu Salem were absconding accused in a CBI-filed list. The 1995 order applied to them and the evidence recorded in the absence of accused can be used against them but not against Mustafa, he argued.
Dossa will challenge judge Sanap’s order in the SC.