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Ajmal Kasab's Indian trial

shukla_swapnil

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Ajmal Kasab Trial - DAY 1

Smiling Kasab demands Pakistani lawyer

He is the sole surviving terrorist of the 26/11 terror attacks on Mumbai, but one glance at him and you might assume that Ajmal Mohammad Aamir Kasab is merely a college-going youngster, not a terrorist who shot scores of innocent people on November 26 last year.

This is the first time that the media got a glimpse of Kasab, 21, at the specially-constructed court in the high-security Arthur Road Jail on Wednesday.

Kasab is barely five feet tall and sports a thin beard and moustache. Dressed in a T-shirt and pyjama, Kasab was bare-foot when he was produced in court. His face was covered with a white cloth.

The cloth was removed when Kasab, a resident of Faridkot in Pakistan, was brought before Judge M L Tahiliani.

Kasab didn't look the least bit perturbed or afraid of the proceedings. He glanced around the courtroom and smiled at anybody willing to make eye contact with him.

He was then made to sit next to the other 26/11 accused Fahim Ansari and Sabauddin Ahmad Shaikh.

Ansari and Sabauddin, both alleged Lashkar-e-Tayiba operatives, have been charged with conducting reconnaissance of various locations in Mumbai and passing them onto their leaders in the terror outfit based in Pakistan. The LeT leaders then identified the targets for the attack and sent ten well-armed and trained terrorists to carry them out.

Kasab talked to Fahim a few times, in spite of Judge Tahiliani telling him not to talk to the co-accused. Fahim also signaled Kasab to stop by putting his finger on his lips, but the latter refused to stop. Finally, Fahim was told to shift and Sabauddin was made to sit next to Kasab.

Kasab then sat quietly, twirling his moustache and stroking his thin beard.

When Judge Tahiliani told Kasab that Anjali Waghmare will no longer represent him and he will get a new lawyer; Kasab intervened to say that he needed a Pakistani lawyer.

Judge Tahiliani replied, "This is not possible. India's law does not permit it. Moreover, we conveyed your message to the Pakistani authorities but there was no response from the Pakistan government. I am not going to wait for the Pakistan government's decision."

He further observed, "We need to give a fair trial to accused no.1 Kasab. It is vital that a lawyer be appointed who can handle a case of this magnitude properly and with due diligence."

Judge Tahiliani assured Kasab, "We will help you legally in whatever way we can."

Public Prosecutor Ujjwal Nikam told the court, "Fortunately or unfortunately, he cannot get one (Pakistani lawyer) because there is no reply from the Pakistan government and there is no communication from them."

When Kasab urged the court to "try once more", the judge conceded, "Okay, we will try again." He then asked Nikam to follow up on the matter.

Kasab also requested that he be allowed to read newspapers, but Nikam retorted, "You can buy a newspaper with your own money."

"How can he have his own money?" queried Judge Tahiliani.

Kasab intervened to say, "When I was arrested, I had lots of money, which the police seized and didn't give back."

"You cannot touch that money because the police have seized it," the judge replied.

Judge Tahiliani concluded the session by asking Kasab to be present in court the next day, so that he can get a new lawyer
 
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BBC NEWS | World | South Asia | Mumbai 'attacker' lawyer sacked

Mumbai 'attacker' lawyer sacked

The lawyer for the only surviving suspected gunman from last year's Mumbai attacks has been sacked, further delaying the high-profile trial.

Pakistani national Mohammed Ajmal Amir Qasab is charged with murder and waging war on India, and appeared in court for the first time earlier.

But the trial judge dismissed the main defence lawyer over claims she was representing a witness in the case.

More than 170 people died when gunmen attacked the city last November.

Mr Qasab, 21, faces the death penalty if he is convicted.

Conflict of interest

He had been due to meet his defence lawyer, Anjali Waghmare, and decide what plea to enter.

But trial judge ML Tahiliyani removed Ms Waghmare for "professional misconduct", saying it did not "appear appropriate" to continue with her as a defence lawyer.

"The interest of the victim and the accused clash with each other... Her appointment stands revoked immediately," he said.

Ms Waghmare is alleged to have signed up to represent Sri Vardhan Kar - a victim of one of the attacks.

Ms Waghmare said she had met Mr Kar once, but had not agreed to represent him. After legal discussions between the judge and lawyers, prosecutor Ujwal Nikam told reporters that Mr Qasab had now asked for a Pakistani lawyer to represent him.

Mr Nikam said foreign lawyers are not allowed to represent defendants in Indian courts, but Indian officials would now ask Pakistan to choose an Indian lawyer for him.

In the meantime, Mr Nikam said the court hoped to appoint a lawyer for the defendant on Thursday.

Tight security

India has accused Pakistan-based fighters from the banned group Lashkar-e-Taiba of carrying out the attacks. Pakistan has admitted they were partly planned on its soil.

Mr Qasab was arrested on the first day of the attacks and has been in custody ever since.


Two Indians who are accused of being Lashkar-e-Taiba members, Fahim Ansari and Sabauddin Ahmed, also face trial. They are accused of scouting for the attacks.

The trial was due to get under way in earnest last week, but was delayed because the high-security courtroom was not ready.

A huge security operation was launched involving hundreds of armed police and soldiers to ensure Mr Qasab's first appearance passed off smoothly.

All three of the accused appeared in court on Wednesday morning.

Our correspondent says Mr Qasab, bearded and wearing a grey T-shirt and dark track suit trousers with red stripes, greeted the judge and smiled throughout the proceedings.

Mr Qasab chatted to the other two defendants in the dock, but was told to stop by the judge.

He spoke again only when he was asked by the judge whether he knew his lawyers, to which he replied "I don't know" and "I don't remember".

Reporters in the court said Mr Qasab, whose first language is Urdu, seemed to pay little attention to the court proceedings.

A 6m-long (20ft) bomb-proof tunnel has been built to connect Mr Qasab's jail cell to the court where he is being tried.

It is the first time a measure like this has been taken in India.

For security reasons Mr Qasab's two previous appearances before the trial judge have been through a video link.

Traffic in the area was severely restricted on Wednesday, with motorists being told to avoid routes near the prison.

This case has generated huge interest in India, whose citizens were outraged by what they saw as the inability of their leaders to protect them in November.

India's government is under pressure to deliver results in the case, especially as the first phase of voting in the country's general elections begins on Thursday.
 
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The hearing of the case will also keep runing in the similar manner as in the case of 1993 riots. :tsk:
 
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A special sessions court in Mumbai on Thursday appointed Abbas Kazmi as new lawyer for Mohammad Ajmal Amir Kasab [Images], the lone surviving terrorist in the November 26 attacks on the metropolis.
 
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nEXT ELECTION THE ISSUE WILL BE - why kasab is still alive - thanks to bloody slow - trail .
 
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Pakistan on Tuesday said the statement made to a Magistrate by Ajmal Amir Kasab, the lone terrorist captured for the Mumbai terror attacks, is crucial for the successful prosecution of suspects detained by it in connection with the incident.

"The statement of Ajmal Kasab is absolutely important for successful prosecution (of suspects arrested by Pakistan)," Interior Ministry chief Rehman Malik told reporters in the southwestern city of Quetta.

India and Pakistan must stop "blame games" and New Delhi should provide the additional information on the Mumbai attacks that has been sought by Islamabad, he added.

Pakistan yesterday formally asked India to provide additional information and clarifications to enable its authorities to "proceed further" in their probe into the terrorist assault that killed over 180 people.

Malik said the information which Pakistan had sought from India included Kasab's statement to a Magistrate, details of mobile SIM cards used by the terrorists and slain anti-terror police officer Hemant Karkare's statement on his probe into the bombing of the Samjhauta Express.

Malik contended that Karkare's statement was needed as Pakistan had information that a terrorist involved in the attack on the Samjhauta Express was also involved in the Mumbai incident. He did not give details.

"We have given sufficient evidence to Pakistan to act against identified masterminds. By delaying action and raising technicalities, Pakistan would be undermining the credibility of its own commitments to take tangible action," minister of state for external affairs Anand Sharma said.

"We are waiting for tangible actions by Pakistan and not excuses," he said.


Why won't Pak admit 26/11 Involvement? | India.com
 
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What does the title (of the article) have to do with the material in the article?

And what exactly does 'won't admit involvement' mean, when Kasab's identity has ostensibly been confirmed, and Pakistani authorities are working to build a case to prosecute the arrested Pakistani suspects in court with?
 
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What does the title (of the article) have to do with the material in the article?

And what exactly does 'won't admit involvement' mean, when Kasab's identity has ostensibly been confirmed, and Pakistani authorities are working to build a case to prosecute the arrested Pakistani suspects in court with?


Of course Mr. Am, but why would you bring along a conversation of Karkare's statement, when they are two seperate incidents. It is clearly another delay tactic, since India has given the places and people they need to arrest and destroy.
 
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Fri, Apr 17, 2009

Mumbai: Trial in the November 26 Mumbai terror attacks case began on Friday at the special sessions court set up inside the Arthur Road Jail in Mumbai.

The prosecution opened the case against lone arrested terrorist Mohammad Ajmal Amir Kasab and two with Special Public Prosecutor Ujjwal Nikam declaring draft charges under which they would like to prosecute Kasab. Over 21 pages confession statement made by were also opened.

Kasab has been charged with criminal conspiracy, waging war against nation and also under various Indian Penal Code sections. He has also been charged with committing robbery.

Kasab has been booked for direct involvement in seven cases and as a co-conspirator in five cases. He has also been indirectly charged with killing people at Chhatrapati Shivaji Station.

The prosecution claimed the handlers of the 10 Mumbai attackers had instructed them to specifically target American, British and Israeli citizens. They had also been instructed to avoid Muslims in the hotels and other attack sites.

SG Abbas Kazmi, who was appointed Kasab's lawyer, claimed that his client was a minor and so the trial should be held in a juvenile court. However, prosecution countered by saying that Kasab in his confession gave his age above 18 years thrice.

Kasab gave his date of birth as December 30, 1987 thrice while giving his confession, said the prosecution.

Claiming that the Pakistani army was involved in the Mumbai terror attack, the prosecution said that Kasab's skills in handling from Kalashnikov rifle impressed a Pakistani army official.

Kasab mentioned about a training conversation with a Pakistani army official. The confession also mentions a serving member of the Pakistani Army, Colonel Saadat Ullah, who is alleged to have helped to set up the internet telephony system through which the gunmen received instruction from their Pakistan-based handlers.

"The Pakistani army official was impressed by my firing skills with the Kalashnikov and he also said 'I was the best shooter in the team. I was the destroyer'," Kasab reportedly confessed.

Kasab confessed to the investigating agencies that a Kalashnikov rifle was referred to as 'kalashes' by mujahideens. He also revealed that he and the other nine terrorists were given training in trekking, warfare in sea, operating Global Positioning System, how to find direction and navigate in unknown land.

Kasab also reportedly confessed that he was the best shooter in the team and also revealed of Pakistan's involvement.

The confession statement was also read to Kasab in Hindi and Urdu.

http://ibnlive.in.com/news/kasab-charged-under-tough-laws-faces-death/90486-3.html
 
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Friday April 17, 2009, Mumbai

The trial of 26/11 accused Mohammed Ajmal Amir Qasab has begun in a high-security Mumbai prison. So far the trial has seen high drama with defense lawyer Anjali Waghmare being appointed and removed. Now with a new lawyer in place, the trial has finally started.

The trial began with the prosecution opening its case against arrested gunman Mohammed Ajmal Amir Qasab and two others.

Special Public Prosecutor Ujwal Nikam opened the arguments against Qasab, Faheem Ansari and Sabauddin Ahmed for their alleged involvement in the 26/11 attack case.

The prosecution said before the court that Qasab's idea was to wage war against India and capture Jammu and Kashmir.

The prosecution also hinted at the involvement of the Pakistan Army.

"26/11 is not just an attack on Mumbai. It is a conspiracy against India," said the prosecution.

Nikam said that Qasab had admitted he was asked to kill American, British and Israeli citizens.

Ujwal Nikam had on Thursday said that he would tell the court how he intended to prove the accused guilty.

"We will tell the court how we intend to prove the guilt of the accused," Nikam had said on Thursday.

And with that, Ujjwal Nikam set the ball rolling.

"It is the job of the prosecution to unravel the case. We will deal with it as it comes out in court and figure out how to respond," said Qasab's lawyer Abbas Kazmi.

If time permits, the court will frame the final charges and ask the accused how do they plead - guilty or not guilty.

PTI adds:

The prosecution in the 26/11 case has sought for Qasab to be charged under 166 separate counts of murder along with the two other accused Faheem Ansari and Sabauddin Ahmed.

Nikam told the special sessions court that Qasab is responsible for the murder of 166 persons who lost their lives in the three-day terror carnage on November 26 and thus the charge under Section 302 of IPC is required to be framed against him 166 times.

"Even though Qasab was actually not present at the time of the firing incidents in hotels Taj and Trident, and Nariman House, he can be held liable for the murders as one of the co-conspirators," Nikam said.

Qasab is currently lodged in a high-security special cell in Mumbai's Arthur Road jail, Mumbai where he is being guarded round the clock by a strong posse of nearly 300 special commandos of the Indo-Tibetan Border Police.

The trial is long awaited since the Mumbai police filed a voluminous charge sheet of over 11,000 pages. Qasab, who on Thursday got a new lawyer S G Abbas Kazmi, has asked for a Pakistani lawyer to defend him after the judge on Wednesday removed Anjali Waghmare as his counsel on a complaint of professional misconduct.

http://www.ndtv.com/news/india/2611_accused_qasabs_trial_begins_today_with_new_lawyer.php
 
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