The 26/11 trial court on Friday questioned the authenticity of a Pakistani passport allegedly seized from Fahim Ansari, charged with conspiracy in the attack. The Uttar Pradesh Anti-terrorism Squad (ATS) claims to have seized it in Lucknow in February 2008; Ansari was later arrested by the Mumbai Crime Branch.

While cross-examining SP Ashok Kumar Raghav, defence lawyer Shahid Azmi pointed out “discrepancies” in the investigations.

The court did not take on record the passport, issued in the name of Hamad Hassan and allegedly recovered from Ansari. The court asked the prosecution whether it had verified with Pakistani authorities if it was issued by them, and whether the passport could be considered a public document under the Indian Evidence Act.

“What evidence have your officers collected that it was issued by the Pakistan government?” Judge M L Tahaliyani said. Special public prosecutor Ujjwal Nikam replied, “It was a presumption that the passport was issued in Pakistan.” The judge then said, “There is presumption only with respect to certified copies. (We don’t know) whether it is a Pakistani passport or was manufactured.”

The judge refused to exhibit the passport as a document in the case. At one point, the court also warned SP Raghav of setting up a commission and sending it to verify the place from where Ansari had been arrested.

This was after Raghav failed to explain satisfactorily to Azmi why no independent persons had been called to carry out a panchanama after seizing documents from Ansari.

He later admitted there were houses around the spot but he had not called panchas and conducted the panchanama himself.

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