Additional Sessions Judge Indermeet Kaur Kochar had issued bailable warrants against the witness after he failed to appear despite being served several summons.

Mithlesh Kumar, a watchman at the MCD office of Okhla area in South Delhi was cited by prosecution as an eye-witness in the case as he had reportedly seen the victims Dr Suneel Kaul, owner of the Personal Point health clinic and two of his associates Sujata Saha and Deepa Gupta -- being kidnapped from the MCD office complex in June 1996.

Dr Kaul's body was recovered from Hodel in Haryana while those of the two women from Morena in Madhya Pradesh. While police had returned the bailable warrants against Mithlesh `unserved' saying that he was not traceable, he made a surprise appearance in the court for recording his evidence. The prosecution raised objection over the manner of his appearance and raised "doubt" about his integrity saying that "he may be under the influence of defence". The court then ordered that he be sent to judicial custody till the recording of his testimony was over.