The Bombay High Court today expressed its reluctance to recall an order passed by special judge M L Tahaliyani in the 26/11 trial, whereby three NSG commandos were summoned to depose on November 9 and describe their operation at the attacked sites.

A division bench of Justice J N Patel and Justice Amjad Sayed said it is in the ambit of the trial judge to summon anyone to be examined.

The Centre had moved the High Court challenging the summons on the ground that it would lead to breach of “secrecy and confidentiality”. Additional Solicitor General Darius Khambatta said the NSG methods and techniques should not be revealed and their identities need to be kept anonymous, in the interest of the commandos as well as the nation.

Justice Patel pointed out that the entire operation was telecast live. The court concluded that it would restrict the summons to three commandos and impose restrictions on the evidence and cross-examination so that no sensitive details are revealed.

The government can submit guidelines on what should and should not be revealed, the court said. Khambatta agreed that this was reasonable and sought a day’s adjournment to take instructions and decide on the guidelines.

The special court had summoned three commandos, Lt. Col. Rakesh Kumar Sharma, Major Ravindra Prakash and Captain Anil Jakhad. The judge had issued fresh summons on October 27

The special court did not heed the prosecution’s opposition to calling NSG personnel, saying their testimonies were a must for a proper decision on the charge of waging war against the nation.