Mumbai, November 08: Sabahuddin Ahmed, one of the three accused in the 26/11 terror attack case, has moved the Bombay High Court seeking replacement of special judge ML Tahaliyani, citing lack of faith in him and alleging unfairness.
Ahmed’s lawyer Ejaz Naqvi confirmed the development and said, “It is a hand-written application forwarded by Ahmed from inside the prison on October 29, of which the High Court is yet to take cognisance.”
Ahmed has, in his letter, claimed that he has no faith in the judge and sought replacement of the judge for a fair trial. Naqvi said the one-page letter also had a covering letter, in which certain instances when the judge sent him out of the court or not allowed him to speak in open court were mentioned. It alleges that the court has not been fair towards Ahmed.
Ahmed, a resident of Madhubani, was arrested by the Uttar Pradesh Special Task Force for his alleged involvement in the attack on the CRPF group centre in Rampur last year. The prosecution in the Mumbai terror attack case alleged that Ahmed is a Lashkar-e-Toiba operative who met co-accused Fahim Ansari in Nepal, took maps of targets in Mumbai from the latter, and then handed these over to his LeT bosses in Pakistan for use in planning the attack and training the attackers.
The same letter was moved in the special sessions court on October 30, on which the court had issued a showcause notice as to why contempt charges should not be initiated against Ahmed. The court had also issued a showcause notice against co-accused Fahim Ansari who also moved a similar application last month. The notice is returnable on November 26.
Ansari has also written to the High Court, which has directed additional public prosecutor Rajesh More to file a reply within two weeks. The Division Bench of Justice JN Patel and Justice Amjad Sayed also directed the appointment of a lawyer for Ansari from legal aid panel.
Ansari, in his application, sought a High Court stay on the 26/11 trial pending a decision on his petition. Casting aspersions on the conduct of the special judge, Ansari has sought the appointment of another judge in his place.
Besides, Ansari has also sought the audio-video recording and live telecast of the proceedings before the special court while alleging that evidence was not being recorded properly. He has also sought the presence of media in the courtroom during every proceeding in the interest of justice.
—–Agencies