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Accused go back on confession

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  • Ten days after the Mumbai Police claimed to have cracked the 7/11 blasts case, seven accused—all booked under the Maharashtra Control of Organised Crime Act (MCOCA) in the case—have retracted their confessional statements.

    The confessions recorded by the police were taken under duress, they told the MCOCA court. A defence lawyer also claimed that senior cops ‘‘begged with prime accused Faizal Sheikh—supposedly Lashkar’s Mumbai chief—to make a confession”.

    Produced before Special Judge MR Bhatkar by the ATS for judicial custody on Monday, the accused—Faizal Sheikh, his brother Muzammil Sheikh, Kamal Ansari, Dr Tanvir Ansari, Jameer Shaikh, Sohail Shaikh and Ehteshaam Siddiqui—said the police had obtained their signatures on blank papers and the name of the DCP who recorded the confessions was not revealed to them.

    Under MCOCA, a confessional statement can only be recorded before a competent authority. The statement is admissible in court if the prosecution can prove that it was made voluntarily and was truthfully taken.

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    ‘‘All the accused said their signatures were obtained on a blank paper by the DCP who they couldn’t name. They also said when they were produced before the magistrate on October 7, they had stated that their confession was not voluntary and truthful and that it was obtained under duress,’’ said defence lawyer Shahid Azmi, adding that ‘‘they were not sure if the magistrate had recorded it.’’

    He also said: ‘‘In a legal conference with me, Faizal said senior police officers had begged before him with folded hands to give a confession.’’ Legal sources say it is unusual that the accused retracted their statement even before they were remanded to judicial custody.

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