Judge D W Deshpande was also disappointed that the main accused failed to appear in the court during the proceedings. He said,"I remember I had directed the accused to remain present today." Even when he said that, he granted the exemption plea filed by the defence.
However, on December 3, Khan has been asked to present in court as two witnesses a chemical analyzer and a motor vehicle inspector will depose.
Disappointed at the prolonged hearing over who is to be produced in the next hearing, the judge said,"All this is diverting from evidence."
Meanwhile, defence advocate Srikant Shivde complained to the court that despite an earlier order, the prosecution had failed to intimate him about the witnesses on time. Till today, they have not disclosed the names of witnesses. If they don't want to follow court orders then consequences must be follow," he said.
He further added,"We cannot carry the files of all 63 witnesses every day. We are asking for the list as criminal jurisprudence is based on the principle of fair trial."
To this, special prosecutor Pradip Gharat said that when he tried to return a call from him, he got no response. He also rejected the defence's accusations that list of witnesses was not provided.
Two witnesses- insurance agent Gurcharan Malhotra and Mark D'Souza, a counter clerk with American Express Cleanerswho were examined in court on Monday failed to throw any light on the incident. While Malhotra denied making any insurance papers for the vehicle, D'Souza said he did not remember the contents of his police statement as the case was old.