The Bombay High Court today said that the special judge hearing the 26/11 terror attack case was within his powers to summon the National Security Guard (NSG) commandos who took part in the operation. The court however said that conditions would apply to protect the confidentiality of their techniques. <br/>The division bench of Justice J. N. Patel and Justice Amjad Sayed asked Additional Solicitor General Darius Khambata to tell them which part of the NSG operation needed to be kept secret so they would not be questioned on those aspects. Mr. Khambatta had appeared on behalf of the Central Government. <br/>Justice Patel said both prosecution and defence would be restrained from asking such questions. The court said the trial court would have to take permission from the HC if it wanted to call more than three commandos. <br/>Khambata had opposed the summons to the commandos saying confidentiality and secrecy are the essence of commando operations, and disclosing them in open court could jeopardise future operations and the commandos’ safety. <br/>Citing Section 311 of the Criminal Procedure Code, which gives the court wide powers to summon witnesses, Justice Patel said the commandos were witnesses to the incident and their deposition may be necessary for the trial court to reach a just conclusion.<br/>
News On AIR | November 5, 2009 6:48 PM
26/11 trial court has powers to summon commandos to depose but protect operation confidentiality