7/11 CDRs not useful, hence deleted them: ATS

The Maharashtra Anti-terrorism Squad on Monday filed an affidavit in the Bombay High Court stating that they had destroyed the Call Data Records in the suburban train bomb blasts of 2006 as they had "no material which was relevant".

The Indian Express had earlier reported that in eight remand applications filed before a magistrate between August and November, 2006 the ATS had stated that the cellphones seized from the accused needed scrutiny. In more than one remand applications, the ATS claimed the accused had made calls "for contacting the other members of LeT outside India..."

In a five-page affidavit, Inspector Sunil Wadke, who is now attached to the Bhayander police station, but was with the Technical Unit Cell of the ATS between 2004 and 2008, said, "Whatever data was received from the service providers, was received in the form of soft copies and after studying the same, I had informed the IO ACP Patil that there was absolutely no material which was relevant or useful for the purpose of the matter under investigation."

Wadke's affidavit states that the data from service providers is always obtained in the form of soft copies and if, after analysis, it is found to be relevant and is required as evidence, then it is obtained in hard copies with proper certification. "Since in this case, at no point in time, any relevant information was noticed on analysis of soft copies, there was no occasion to obtain hard copies," Wadke has stated.

Thirteen alleged SIMI members facing trial in the 7/11 blasts had moved the HC challenging the order of a special MCOCA court that rejected their plea seeking the examination of three policemen and production of CDRs that the ATS was using against them.

Wadke said, "If the data was not relevant to the probe of the said case or was not useful, then on instructions of the DCP, it was deleted after filing of the chargesheet." Wadke, who said he was the "custodian of such data", added that none of the CDRs relating to the cellphones were relied upon by the prosecution in the 7/11 terror attacks chargesheet.

... contd.

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