Don’t have call records of 7/11 suspects: ATS

After arresting 13 alleged SIMI activists for their suspected role in the July 2006 serial bomb blasts on Mumbai's commuter trains, the Maharashtra Anti-Terrorism Squad had repeatedly told a Special MCOCA court that it was relying on Call Data Records (CDRs) — or information about who the men were talking to over phone — to justify their custody and continue questioning them.

But asked by the 13 men to produce the CDRs that were being used against them, the ATS, it has now come to light, has said it does not have these records. And the agency has argued that it need not produce them as they were not a part of the chargesheet filed in the case, whose trial is yet to conclude.

The suspects had first made the demand for the records in the MCOCA court earlier this year. After the ATS told the court in July that it did not have CDRs going back to 2006, the 13 men took their case to Bombay High Court last month. The high court is due to hear their case on Tuesday.

Documents in the possession of The Indian Express show that the ATS repeatedly cited the analysis of CDRs and seized mobile phones to seek the custody of the suspects in the months after their arrest in 2006. Some of the instances when the ATS referred to the CDRs include:

* Remand Application (RA) filed before the Mazgaon court on 17/8/2006 by chief investigating officer B B Rathod seeking the custody of Kamal Ahmed Ansari (accused No.1), Khalid Aziz Shaikh (accused No.2) and Mumtaz Ahmed Choudhary (accused No.3) says: "Accused numbers 2 and 3 have also been found in possession of cell phones. Their call records are also obtained for the purpose of comparison with other arrested including accused No. 1. (sic)"

... contd.

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