Supreme Court stays trial against Abdul Nazir Maudany in 2008 Bengaluru serial blasts case

The Supreme Court has ordered a stay on trial against Kerala's People Democratic Party leader Abdul Nazir Maudany and 20 other accused in the 2008 Bengaluru serial bomb blast case.

A bench of Justices Hemant Gupta and Vikram Nath suspended the proceedings before the Bengaluru court until further orders on a petition filed by the Karnataka government.

The court also sought a response from Kerala's People Democratic Party leader Maudany and the other accused on the plea by the state government against rejection of its plea on recall of witnesses to prove admissibility of electronic evidence seized during the investigation.

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The court issued notices to the accused, represented by advocate Balaji Srinivasan and Haris Beeran and others.

Additional Advocate General Nikhil Goel, appearing for the state government, questioned the validity of the Karnataka High Court's order of January 27.

The Bengaluru court had on April 7, 2017 said the forensic report of the expert was not admissible in view of absence of certificate required under Section 65B of the Indian Evidence Act.

Thereafter, the trial court also rejected an application filed for recall of two witnesses by the prosecution, saying the prosecution had failed to make out a case for it.

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Subsequently, a plea filed by the state government before the High Court was also dismissed.

In its plea, the state government said that when electronic records are produced in evidence, even if such evidence is not accompanied by a certificate under Section 65B, the same is only a procedural defect which can be cured at the stage of trial.

"If such a report which refers to electronic gadget is not marked as exhibit, the prosecution will ultimately lose valuable evidence against the accused as such documents can't be brought before the court at appellate stage," it said.

On July 25, 2008, as many as eight serial bomb blasts occurred on Mysore road in Bengaluru, leading to death of one Sudha, besides causing injuries to nine others and huge damage to public property.