Mumbai 13/7 Triple Blast Case: Special MCOCA Court Allows Affidavit-Based Evidence For Formal Witnesses To Expedite Trial

Mumbai, October 14, 2026: With a view to expediting the trial in the 13/7 serial blasts case, the special MCOCA court has allowed the prosecution to tender the evidence of formal witnesses in affidavit format, while retaining the accused's right to cross-examine them. This would save the court's time in recording their examination-in-chief.

Prosecution Seeks Faster Examination Of Witnesses

Special Public Prosecutor Ajay Missar had approached the special court seeking permission to examine several formal witnesses by tendering their affidavits. With this, the prosecution claimed, considerable judicial time could be saved. The application was made in the wake of the Supreme Court's order to expedite the trial, which has now been scheduled on a day-to-day basis.

The witnesses whose evidence the prosecution wants to present in affidavit format include:

• Assistant Chemical Analysers

• Photographers

• Police officers who carried articles to the Forensic Science Laboratory (FSL)

• Officers who received the articles at the FSL

• Police officers who deposited, retrieved, maintained or handled the articles during the course of the investigation

• Dispatch clerks and police officers who maintained or prepared formal registers and records

• Officers who issued certified copies of records

Defence Opposes Blanket Permission

The move was opposed by defence lawyers Wahab Khan and Sharif Shaikh, who claimed that no blanket permission could be granted to tender affidavits from witnesses belonging to the aforesaid categories without examining the nature and scope of their respective evidence.

It was further contended that FSL experts and certain other witnesses proposed by the prosecution could not be categorised as witnesses of a formal character.

They also pleaded that if their evidence was tendered by way of affidavits, the defence would lose the valuable opportunity of observing the demeanour of such witnesses during their examination-in-chief.

Court Safeguards Accused's Rights

The court, however, said, "The adoption of this procedure cannot result in curtailment of the statutory rights of the accused. The permission granted herein must, therefore, be understood as being confined to evidence that is genuinely formal in character. The defence shall also retain its right to require the attendance of a witness for cross-examination, subject to the applicable legal requirements."

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"In view of the nature of the trial, the large number of witnesses already examined, the substantial number of witnesses yet to be examined and the direction of the High Court for expeditious, time-bound disposal, such a course would facilitate the expeditious progress of the trial without compromising the rights of the accused," the court said while allowing the application.

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