Defence lawyers trying to delay trial: prosecution
Mumbai The prosecution on Tuesday alleged that the defence lawyers of Ajmal Kasab and his co-accused Fahim Ansari and Sabahuddin Ahmed were trying to delay the 26/11 trial.
Special Public Prosecutor Ujjwal Nikam made the allegations while opposing the four-week adjournment plea of Kasab’s lawyer Abbas Kazmi who wanted time to reply to the draft charges proposed by the prosecution.
Kazmi had also told the court that he had not gone through the voluminous chargesheet.
“If Mr Kazmi would have told me he needed time to address the court, then I wouldn’t have opened my case. Seeking time at this stage is nothing but a tactic to delay the trial,” Nikam alleged. He added that Kasab’s “bogie” is being “pulled by two engines” (Defence lawyer Kazmi and lawyer K P Pawar who is assisting him). “But only I pull the prosecution train. If I can open the case, then why is the defence stopping it,” Nikam said.
Judge M L Tahailyani then stated that ample time would be given to Kazmi as he was appointed only on April 16 and as the chargesheet was given to him late.
He further added, “Kazmi has appeared before me in another sensational case (music baron Gulshan Kumar murder case). I know him since many years and he wouldn’t indulge in such tactics to delay the trial but still, I will decide on his plea tomorrow.”
The court next pulled up the lawyers the two co-accused using very strong words after Sabahuddin Ahmed’s lawyer Ejaz Naqvi sought his client’s discharge from the case for lack of evidence. Naqvi also sought time for arguing the case. He also moved an application seeking a probe into alleged torture by crime branch officials when Sabahuddin was in their custody. Naqvi kept on repeating that until his application was decided, he won’t start his arguments, to which the court said, “Any application not relevant to the case will not come in the way of the trial. The court will not allow the case be delayed or suspended due to these reasons. Defence lawyers should understand this and assist the court in speedy disposal (of the case).”
The court then pulled up Naqvi’s junior lawyer G L Thonge, saying “You have been regularly attending the case, if Mr Naqvi is not ready, you open the case and he would assist you.” On Thonge not agreeing to this, the judge said, “Is your name Thonge or Dhongi (imposter), you just put your identity card and come here for no reason.”
After much hesitation Naqvi finally opened his arguments stating his client was being framed. According to Naqvi, the statement of the two witnesses who had said they had seen Sabahuddin meeting Fahim Ansari and getting the maps in Nepal were fictitious and did not hold much ground. He argued that when printed maps and Google maps were easily available, why would someone rely on hand-made maps?
It was next the turn of Fahim Ansari who has been not accepting a lawyer from the state legal aid panel and not appointing a private lawyer. Lawyer Saba Qureshi represented him on Tuesday, and she sought time to open her arguments, as she had not yet got a copy of the chargesheet. However, Ansari’s wife Yasmin told the court that her brother-in-law Abu Bakr had given it to Qureshi’s senior lawyer Shahid Azmi. The court directed, “You both (Yasmin/Qureshi) sort this out. It is not acceptable that valuable time of the court is wasted like this in solving minor issues.”
Meanwhile, Qureshi sought permission to meet Ansari, to which the judge said, “You have not gone through the evidence of the case. So what will you do by meeting the accused. It will be a futile exercise.”
Notes from The courtroom
'Escape goat' Sabahuddin?
An error in legal documents provided some much-needed comic relief on Tuesday. Ejaz Naqvi, in his plea for his client Sabahuddin Ahmed's discharge, had written: "He seems to have been made an 'escape goat' by the Mumbai crime branch..." That typographical blunder didn't escape any eyes in the press box.
Curious law professor
A professor with the government law college, Dr Vijay Wagule, was among the unexpected visitors in court on Tuesday. He told the court that he was a good friend of Special Public Prosecutor Ujjwal Nikam and was visiting the court out of curiosity to follow the court proceedings.
Haircut for Kasab
Kasab, who had a haircut and a shave on Monday evening, entered the courtroom and smiled at his lawyers while sitting in the dock on Tuesday.
This is the Kasab's second haircut during his three months in prison. The haircut was given to him by a guard, jail sources said.
hanging is way less punishment for him for the the crime he has done. 
-justice served on spot.
