Counsel for CPDR P A Sebastian said Hausabai had all along maintained that she had witnessed the encounter. He said Hausabai had stated this in a television chat show, a newspaper interview, a letter to the National Human Rights Commission and in her first affidavit, after which she suddenly changed her mind. Sebastian said Hausabai had voluntarily deposed that her brother and sister-in-law should not be harassed by the police. Sebastian added that Anand and Anita's evidence indicated that they learnt of Pawle's death on September 26 through newspapers.

Pawle's death occurred at 2.15 pm, at which time all evening newspapers would have already been on the stands, said Sebastian, adding that even ifnewspapers came out with a issue, it would take at least five hours to reach Shirdi. , where . Withdrawing their first affidavits, Anand, Anita and Hausabai has maintained that they had not witness to the encounters of Pawle and Tandel on September 26, 1997, but were in Shirdi on that day.