The trial was scheduled to begin today, but it has been deferred to Tuesday following an application seeking discharge from the case by former chairman of the Bhiwandi-Nizampur Municipal Council Jayant Suryarao. The trial, to be held on a day-to-day basis, will start after the order on the discharge plea has been passed by designated TADA judge P K Chavare. Over 200 witnesses, including eyewitnesses, panch witnesses, special executive magistrates, police personnel (both witnesses to the shootout as well as those involved in investigation of the case) will be examined by special public prosecutor Rohini Salian.

In all, charges were framed against 33 persons on December 9, 1997, but now only 24 accused, including the 13 absconding accused, will face trial. While JJ Hospital doctors Dr Shivprasad Kamble, DrAkenkumar Desai and independent MLA Pappu Kalani have been discharged from the case by the Supreme Court, two accused, Mohammed Salim Kasamwala alias Salim Passport and Manish Lala, who were out on bail were shot dead by rival gang members in 1998. Four other accused, who were absconding, were also killed. They were Sunil Sawant, Shanti Patel, Ramesh Patel and Mohammed Salim Kasamali.

The accused who are out on bail include Janhur Ismail Jaki, Jayant Suryarao, Meharbanu Aziz Khan, Anil Amarnath Sharma, Anil Nirbhay Sharma and Jaiprakash alias Bacchisingh. Those in custody include Subhashsingh Thakur and Kishore Garikapatti, both convicted by a Delhi court in another case, Ahmed Mohammed Mansoori, also an accused in the March 1993 serial blasts case, and Prasad Khade, also convicted in another TADA case.

The absconding accused are Dawood Ibrahim, Rahim Mohammed Faki, Mohammed Hussian Hassanali, Nasir Mohammed Faki, Nasir Jariwala, Farooq Mohammed Yasin Mansoori, Ahmedali Antulay, Virendra Rai, ShrikantRai, Vijay, Brijesh Singh, Pappusingh Babloo, Pappusingh, and Nirmal. The prosecution will also lead evidence against the absconding accused following approval by the court.

The accused have been charged under various sections of TADA, including conspiracy, aiding and abetting of the crime and possession of arms.

The shootout took place on February 12, 1992. Some unidentified persons armed with 9 mm pistols, .32 revolvers and AK-47 assault rifles barged into ward no 18 at the General Administrative building of the hospital at 3.40 am and opened fire on Shailesh Haldankar, a member of the Arun Gawli gang who was admitted in the hospital for treatment. Two police constables who were guarding Haldankar were also killed in the shootout. Those who were injured were PSI KG Thakur, two constables, a patient, a nurse and a visitor.