CBI versus MUSTAFA AHMED DOSSA

CBI versus MUSTAFA AHMED DOSSA

The trial of the respondent Mustafa Ahmed Dossa and Abu Salem, arising out of the same incident, cannot proceed under different procedures. Evidence recorded before 31st December 1997 in the main trial cannot be used against the respondent unless witnesses already examined are allowed to be cross-examined by him, in accordance with the Supreme Court's order dated 24th August 2009 in Abu Salem's case.

Parties
Appellant: CBI; Respondent: Mustafa Ahmed Dossa
Jurisdiction
India
Judgment Date
22 February 2011
Procedural Posture
Criminal Appeal / Appeal From Designated Court Order Dated 26.02.2009
Outcome
Appeals disposed of
Legal Topics
Admissibility of Evidence, Separate Trials, Absconding Accused, Cross Examination Rights
Criminal Law Terrorism Law Admissibility of Evidence Separate Trials Absconding Accused Cross Examination Rights

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Parties

CBI

Appellant

Mustafa Ahmed Dossa

Respondent

Procedural Posture

Criminal Appeal / Appeal From Designated Court Order Dated 26.02.2009

Legal Issues

  1. 1 Can evidence collected in the main trial before 31st December 1997 be used against the respondent without allowing cross-examination?
  2. 2 Should trials arising out of the same incident proceed under different procedures?
  3. 3 Applicability of Section 299 Cr.P.C. and Section 14(5) TADA in recording evidence in absence of accused

Ratio Decidendi

The trial of the respondent Mustafa Ahmed Dossa and Abu Salem, arising out of the same incident, cannot proceed under different procedures. Evidence recorded before 31st December 1997 in the main trial cannot be used against the respondent unless witnesses already examined are allowed to be cross-examined by him, in accordance with the Supreme Court's order dated 24th August 2009 in Abu Salem's case.

Court Disposition

Appeals disposed of

Orders

  • Direction made in terms of Supreme Court's order dated 24th August 2009: Respondent to file a statement before Special Judge listing witnesses to cross-examine, prosecution to produce those witnesses for cross-examination.
  • Earlier interim orders vacated.