April 20, 2007 (FIDNS)

The Central Bureau of Investigation (CBI), which is prosecuting 34 ethnic Burmese rebels currently lodged in Presidency jail in Kolkata, on April 19, 2007, produced before the court seven sealed boxes, about four by two feet in size and several other arms including a rocket launcher in a dismantled condition. The CBI did not produce any witnesses. Rest of the arms /ammonution and two speed boats which are on the list of seizured items from the Burmese rebels, have not been submited.

Judge Ashim Kumar Roy of the City Sessions Court last month directed the Commander-in-chief of the Andaman and Nicobar Islands to produce in court on April 18, the weapons and ammunition along with the speed boats and trawlers, which were allegedly seized from the rebels during an operation in February 1998.

Failing to produce the arms and ammunition on April 18, the CBI promised to produce it on 19 April, 2007, before the court.

Akshay Kumar Sharma, one of the defence counsels said the few articles produced were not even half of what was claimed to have been seized from the rebels, who were allegedly accused of ‘gunrunning’.

“There is no evidence against these freedom fighters and the prosecution is just playing with the proceedings. Whenever the time comes to produce any proof against these people they [the prosecution] come up with some lame excuses,” Sharma said.

“We are saying that there are no weapons, no boats and no trawlers with them. The whole story is cooked up,” Sharma added.

The arms produced by the CBI today were examined by Judge Ashim Kumar Roy of the City Sessions Court along with the defence counsel and the prosecutors, and were then sent to the District Commissioner (Headquarters) for custody.

Siddarth Aggarwal, another defence counsel said the arms produced have no authenticity. There is no proof that these are the same arms that were seized from the rebels. A witness will have to explain the evidence that was produced.

“These are some of the pieces that must have been lying around, because there is no verification of the fact that these are the same ones. But anyway, the witness will have to come and talk about it,” Aggarwal said.

The prosecution, however, failed to produce any witnesses claiming that a witness has gone to the United Kingdom for training and another witness is appearing for an examination.

The counsel for the prosecution said that the rest of the arms and ammunition and the explosives that were allegedly seized from the rebels are in Port Blair in Andaman and Nicobar Island . He claimed that it is ‘dangerous’ to bring them to the court in Kolkata.

The prosecutors also claimed that the two boats, which were allegedly used by the rebels to bring the arms and ammunition were washed away by the Tsunami and that the army is still looking for them.

Siddarth said the prosecution is making a mere excuse to get out of a problem situation and does not believe that there are any arms and ammunition under the army’s custody in Port Blair.

He said unless the boats and trawlers are produced, how can the prosecutors claim that the rebels were carrying these arms.

“If I am being accused of bringing in certain arms and ammunition, where are the boats in which I came? Without those boats there is no proof against me. I cannot bring them by putting them on my shoulders or I cannot swim with these arms,” said Siddarth adding that the prosecution is using tactics to delay the proceedings.

Following the examination of evidences produced by the CBI, the Judge Ashim Kumar Roy adjourned the court and fixed the next date of hearing of witnesses from May 21 to 25.