‘Sorry,I overslept’: key 26/11 witness lost and found

He failed to turn up for cross-examination on Friday morning,setting off allegations by the prosecution that it was a suspicious disappearance in light of the fact that the defence had been given Sheikh’s name and address only a day earlier.

Sheikh’s wife told the prosecution he had left home early on Friday morning and not returned since. He was eventually tracked down at 9.30 pm by one of three special teams set by the police. Crime Branch officials said the witness claimed to have gone to a friend’s house and had fallen asleep at the time of the trial,hence could not go to court.

His failure to turn up had worried the police and the prosecution. JCP (Crime) Rakesh Maria had said: “He is an important witness and his not attending the cross-examination would be prejudicial to the prosecution’s case.”

Public prosecutor Ujjwal Nikam had added: “If the witness is not cross-examined by the defence,the evidence taken on record by the prosecution has no value. We had given the defence lawyers the name and address of the witness only yesterday. This is suspicious. I don’t know if he is missing or has been forced to go into hiding,or is being held against his will. He didn’t inform us. It’s a matter of investigation.”

Only judge ML Tahaliyani had appeared unperturbed. “He is a family man. Where would he go? If he doesn’t come today,he will definitely come tomorrow,” the judge had said,recording in his roznama that the witness may be produced “wherever he is available for cross-examination”.

Nikam said the police would provide security to all key witnesses from now.

Sheikh said on Thursday that he had met Fahim and Sabahuddin in Kathmandu in January 2008 and the former had given the latter some maps,which the prosecution claims were of the sites targeted in the attack.