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Seven victims and eyewitnesses to the Gulberg Society Massacre case on Monday expressed their disappointment with the special trial court and alleged that it is adopting a biased approach. They said that they see no hope of getting justice from this court.
The seven have been identified as Imtiaz Pathan,Rupa Modi,Saeedkhan Pathan,Mohammed Rafique Pathan,Firoz Pathan,Sayara Sandhi and Salim Sandhi. They made the statements while submitting an affidavit through their lawyer,S M Vora,before the special court of Sessions Judge B U Joshi where the trial is on. The affidavit was submitted in connection with an application,which the witnesses have moved to arraign eight more people in the case.After hearing the application,the court had reserved its order and asked Vora to file an affidavit to declare on oath that the prayer in the application is not identical to a petition pending before the Supreme Court. Accordingly,the witnesses filed the affidavit,stating that the prayer in the application is not identical and that the trial court is not justified in keeping the order on the application pending.
Substantial part of the affidavit is occupied with the statements of the witnesses expressing their disappointment with the court that has allegedly adopted a biased approach,which is unbearable and shocking to them.
Citing various instances,the affidavit says that the judge has repeatedly spoken from the dais of the open court that they (the witnesses) have given false statements on oath. It added that the court of Sessions Judge B U Joshi has revealed itself by making such repeated remarks in the open court and that it shows that the court is biased and has pre-judged the authenticity of the witnesses statements.
The witnesses said that such repeated remarks by the court have revealed that the court believes that the witnesses are lying on oath. And in such a situation,it is a subject of concern for us as to what justice we will get from the court, the affidavit added.
Citing an instance when the court rejected the request of witnesses to approach the enclosure of the accused to identify them,the witnesses stated in the affidavit that the courts approach to them during their deposition was worse than an accused.
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