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Trial of Ajmal Kasab
(Term Paper towards the partial fulfilment of the assessment in the subject of LegalLanguage)
Submitted by: Submitted to:Preetesh Raman Singh Dr. Rashmi Mathur
Roll Number 749 Asstt. Professor,
Semester II Legal Language
National Law University, Jodhpur
Winter Session
(January - May 2010)
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ACKNOWLEDGEMENT
I would like to sincerely and gratefully thank my professor Dr (Mrs. Rashmi Mathur,
for all the help and guidance given to me, without which it would have been
impossible for me to accomplish this herculean task. I acknowledge the Library and
various news agencies for providing me with resources for the project. I also thank our
classmates for providing a fruitful environment for the project.
Preetesh Raman Singh
Roll. No. - 749
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TABLE OF CONTENTS
CHAPTER PARTICULARS PAGE NO.
1. INTRODUCTION 4
2. ATTACKS 7
3. DISPUTE ON NATIONALITY 10
4. LEGAL PROCEEDINGS 12
5. TRIAL 15
6. ANALYSIS 19
7. BIBLIOGRAPHY 20
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INTRODUCTION
The day of 26th November, 2008 would have been as usual and pleasant as any other
day for Mumbai but the terror attacks by the members of Lashkar-e-Taiba, considered
as terrorist organisation by India, who wreaked havoc in the Indias largest city. Therewere ten gunmen, nine of whom were subsequently shot dead and one captured by
security forces. Witnesses reported that they looked to be in their early twenties, wore
black t-shirts and jeans, and that they smiled and looked happy as they shot their
victims. It was initially reported that some of the attackers were British citizens, but
the Indian Government later stated that there was no evidence to confirm this.
Similarly, early reports of twelve gunmen were also later shown to be incorrect. On
December 9, the ten attackers were identified by Mumbai police, along with theirhome towns in Pakistan: Ajmal Amir from Faridkot, Abu Ismail Dera Ismail
Khan from Dera Ismail Khan, Hafiz Arshad and Babr Imran from Multan, Javed
from Okara, Shoaib fromNarowal, Nazih and Nasr fromFaisalabad, Abdul Rahman
from Arifwalla, and Fahad Ullah from Dipalpur Taluka. Dera Ismail Khan is in
theNorth-West Frontier Province; the rest of the towns are in Pakistani Punjab.
Ajmal Kasab was the only attacker captured alive by police and is currently under
arrest. Much of the information about the attackers' preparation, travel, andmovements comes from his confessions to the Mumbai police.
Mohammed Ajmal Amir Kasab was born on July 13, 1987. He briefly joined his
brother in Lahore, who worked as a labourer, and then returned to Faridkot. He left
home after a fight with his father in 2005. He had asked for new clothes on Eid, but
his father could not provide them, which made him angry. He then became involved in
petty crime with his friend Muzaffar Lal Khan, soon moving on to armed robbery. On
Dec 21, 2007, Bakr-Eid day, they were in Rawalpindi trying to buy weapons whenthey encountered members ofJama'at-ud-Da'wah, the political wing ofLashkar-e-
Taiba, distributing pamphlets. After a brief chat, they decide to sign up for training
with the Lashkar-e-Taiba, ending up at their base camp, Markaz Taiba. According to
Deputy Commissioner of Mumbai Police he spoke rough Hindi and barely any
English.Some sources said his father asked him to join the militant group, Lashkar-e-Taiba so that he could use the money they gave him to run the family. When asked
about this, Ajmal Amir's father told reporters, I don't sell my sons.
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http://en.wikipedia.org/wiki/Faridkot,_Okarahttp://en.wikipedia.org/wiki/Abu_Ismail_Dera_Ismail_Khanhttp://en.wikipedia.org/wiki/Abu_Ismail_Dera_Ismail_Khanhttp://en.wikipedia.org/wiki/Dera_Ismail_Khanhttp://en.wikipedia.org/wiki/Multanhttp://en.wikipedia.org/wiki/Okara,_Pakistanhttp://en.wikipedia.org/wiki/Narowalhttp://en.wikipedia.org/wiki/Faisalabadhttp://en.wikipedia.org/wiki/North-West_Frontier_Provincehttp://en.wikipedia.org/wiki/Punjab_(Pakistan)http://en.wikipedia.org/wiki/Eid_ul-Fitrhttp://en.wikipedia.org/wiki/Jama'at-ud-Da'wahhttp://en.wikipedia.org/wiki/Lashkar-e-Taibahttp://en.wikipedia.org/wiki/Lashkar-e-Taibahttp://en.wikipedia.org/w/index.php?title=Markaz_Taiba&action=edit&redlink=1http://en.wikipedia.org/wiki/Lashkar-e-Taibahttp://en.wikipedia.org/wiki/Lashkar-e-Taibahttp://en.wikipedia.org/wiki/Faridkot,_Okarahttp://en.wikipedia.org/wiki/Abu_Ismail_Dera_Ismail_Khanhttp://en.wikipedia.org/wiki/Abu_Ismail_Dera_Ismail_Khanhttp://en.wikipedia.org/wiki/Dera_Ismail_Khanhttp://en.wikipedia.org/wiki/Multanhttp://en.wikipedia.org/wiki/Okara,_Pakistanhttp://en.wikipedia.org/wiki/Narowalhttp://en.wikipedia.org/wiki/Faisalabadhttp://en.wikipedia.org/wiki/North-West_Frontier_Provincehttp://en.wikipedia.org/wiki/Punjab_(Pakistan)http://en.wikipedia.org/wiki/Eid_ul-Fitrhttp://en.wikipedia.org/wiki/Jama'at-ud-Da'wahhttp://en.wikipedia.org/wiki/Lashkar-e-Taibahttp://en.wikipedia.org/wiki/Lashkar-e-Taibahttp://en.wikipedia.org/w/index.php?title=Markaz_Taiba&action=edit&redlink=1http://en.wikipedia.org/wiki/Lashkar-e-Taibahttp://en.wikipedia.org/wiki/Lashkar-e-Taiba -
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Even David Coleman Headley is charged for scouting the locations for 2008 Mumbai
terror attacks by Laskar-e-Taiba. He is alleged by FBI for conspiring to bomb targets
in Mumbai, India; providing material support to Lashkar-i-Taiba, a militant Pakistani
Islamist group; and aiding and abetting the murder of U.S. citizens.
TRAINING
Ajmal Amir is alleged to be among a group of 24 men who received training in marine
warfare at a remote camp in mountainous MuzaffarabadinPakistan-administered
Kashmir. Part of the training is reported to have taken place on the Mangla
Dam reservoir.
Zaki-ur-Rehman Lakhvi, a senior commander of theLashkar-e-Taiba, reportedly
offered to pay his family Rs.150,000 for his participation in the attacks. Another report
said the 21-year old man was recruited from his Punjab, Pakistan home in part based
on a pledge by recruiters to pay USD $1,250 US (Rs. 62,412.50) to his family when
he became a martyr. Other sources put the reward to USD $4,000.
STAGESOFTRAINING
This batch of 25 went through the following stages of training:
Psychological: Indoctrination to Islamistpropaganda, including compiledfootage of 'Indian atrocities' in Jammu & Kashmir, and imagery of the
atrocities suffered by Muslims in India, Chechnya, Palestine and across the
globe.
Basic Combat: Lashkars basic combat and terrormethodology course,
theDaura Aam.
Advanced Training: Selected to undergo advanced specialised training at a
camp nearMansehra, a course the organisation calls theDaura Khaas. This
includes advanced weapons and explosives training supervised by retired
personnel of thePakistan Army, along with survival training and
furtherindoctrination.
Finally, an even smaller group selected for specialised marine commando and
navigation training given to the fidayeen unit selected to target Mumbai.
From the batch of about 25, 10 were handpicked for the Mumbai mission. They alsoreceived training in swimmingand sailing, besides the use of high-end weapons
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http://en.wikipedia.org/wiki/Mumbaihttp://en.wikipedia.org/wiki/Muzaffarabadhttp://en.wikipedia.org/wiki/Muzaffarabadhttp://en.wikipedia.org/wiki/Pakistan-administered_Kashmirhttp://en.wikipedia.org/wiki/Pakistan-administered_Kashmirhttp://en.wikipedia.org/wiki/Pakistan-administered_Kashmirhttp://en.wikipedia.org/wiki/Mangla_Damhttp://en.wikipedia.org/wiki/Mangla_Damhttp://en.wikipedia.org/wiki/Zaki-ur-Rehman_Lakhvihttp://en.wikipedia.org/wiki/Lashkar-e-Taibahttp://en.wikipedia.org/wiki/Lashkar-e-Taibahttp://en.wikipedia.org/wiki/Pakistani_Rupeehttp://en.wikipedia.org/wiki/Indoctrinationhttp://en.wikipedia.org/wiki/Islamisthttp://en.wikipedia.org/wiki/Propagandahttp://en.wikipedia.org/wiki/Jammu_%26_Kashmirhttp://en.wikipedia.org/wiki/Indiahttp://en.wikipedia.org/wiki/Indiahttp://en.wikipedia.org/wiki/Chechnyahttp://en.wikipedia.org/wiki/Palestinehttp://en.wikipedia.org/wiki/Terrorismhttp://en.wikipedia.org/wiki/Mansehrahttp://en.wikipedia.org/wiki/Mansehrahttp://en.wikipedia.org/wiki/Pakistan_Armyhttp://en.wikipedia.org/wiki/Pakistan_Armyhttp://en.wikipedia.org/wiki/Survival_traininghttp://en.wikipedia.org/wiki/Indoctrinationhttp://en.wikipedia.org/wiki/Fidayeenhttp://en.wikipedia.org/wiki/Human_swimminghttp://en.wikipedia.org/wiki/Human_swimminghttp://en.wikipedia.org/wiki/Sailinghttp://en.wikipedia.org/wiki/Mumbaihttp://en.wikipedia.org/wiki/Muzaffarabadhttp://en.wikipedia.org/wiki/Pakistan-administered_Kashmirhttp://en.wikipedia.org/wiki/Pakistan-administered_Kashmirhttp://en.wikipedia.org/wiki/Mangla_Damhttp://en.wikipedia.org/wiki/Mangla_Damhttp://en.wikipedia.org/wiki/Zaki-ur-Rehman_Lakhvihttp://en.wikipedia.org/wiki/Lashkar-e-Taibahttp://en.wikipedia.org/wiki/Pakistani_Rupeehttp://en.wikipedia.org/wiki/Indoctrinationhttp://en.wikipedia.org/wiki/Islamisthttp://en.wikipedia.org/wiki/Propagandahttp://en.wikipedia.org/wiki/Jammu_%26_Kashmirhttp://en.wikipedia.org/wiki/Indiahttp://en.wikipedia.org/wiki/Chechnyahttp://en.wikipedia.org/wiki/Palestinehttp://en.wikipedia.org/wiki/Terrorismhttp://en.wikipedia.org/wiki/Mansehrahttp://en.wikipedia.org/wiki/Pakistan_Armyhttp://en.wikipedia.org/wiki/Survival_traininghttp://en.wikipedia.org/wiki/Indoctrinationhttp://en.wikipedia.org/wiki/Fidayeenhttp://en.wikipedia.org/wiki/Human_swimminghttp://en.wikipedia.org/wiki/Sailing -
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andexplosives under the supervision of LeT commanders. According to a media
report citing an unnamed former Defence Department Official of theUS, the
intelligence agencies of the US had determined that the former officers from
Pakistan's Army andInter-Services Intelligence agency assisted actively and
continuously in training. They were given blueprints of all the four targets - Taj
Mahal Palace & Tower,Oberoi Tridenthotel andNariman House.
The type of training which he got completely washed his brain and it was enough to
make him think only of destruction and only destruction. Feeling of hatred incited him
against India to that level that he only wanted to kill Indians and to destroy India.
Pakistanis give these terrorist institutions the name of militant organisations to hide
these from the eyes of the world but these are recognised as terrorist groups in India,USA and UK. These institutions give militant training to those individuals who do not
have sufficient money and gradually prepare them as a militant terrorist in the name
of jihad.
ATTACKS
ENTRYINTO INDIA
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According to investigations the attackers traveled by sea from Karachi, Pakistan
across the Arabian Sea, hijacked the Indian fishing trawler 'Kuber', killing the crew of
four, and then forced the captain to sail to Mumbai. After killing the captain, the
terrorists entered Mumbai on a rubber dinghy. The captain of 'Kuber', Amar Singh
Solanki, had earlier been imprisoned for six months in a Pakistani jail for illegally
fishing in Pakistani waters.
The first events were detailed around 20:00 Indian Standard Time (IST) on 26
November, when 10 Urdu-speaking men in inflatable speedboats came ashore at two
locations in Colaba. They reportedly told local Marathi-speaking fishermen who asked
them who they were to "mind their own business" before they split up and headed two
different ways. The fishermen's subsequent report to police received little response.INVOLVEMENTIN ATTACK
He was captured on CCTV during his attacks at Chhatrapati Shivaji Terminus along
with another terrorist, Ismail Khan. Ajmal Amir reportedly told the police that they
wanted to replicate theIslamabadMarriott hotel attack, and reduce the Taj Hotel to
rubble, replicating the 9/11 attacks in India.
Ajmal Amir and his accomplice Abu Dera Ismail Khan, age 25, attacked
the Chhatrapati Shivaji Terminus (formerly Victoria Terminus) railway station. They
then moved on to attack a police vehicle (a white Toyota Qualis) at Cama Hospital, in
which senior Mumbai police officers (MaharashtraATS ChiefHemant Karkare,
Encounter Specialist Vijay Salaskarand Additional Commissioner ofMumbai
PoliceAshok Kamte) were traveling. After killing them in a gun battle and taking two
constables hostage in the Qualis, Ajmal Amir and Ismail Khan drove towards Metro
cinema. Ajmal Amir joked about the bullet proof vests worn by the police and killed
one constable when his mobile phone rang. They fired some shots into a crowd
gathered at Metro Cinema. They then drove towards Vidhan Bhavan where they fired
a few more shots. Their vehicle had a tire puncture, so they stole a silverkoda
Laura and drove towards Girgaum Chowpatty.
Earlier, the D B Marg police had got a message from police control at about 10pm,
saying that two heavily armed men were at large after gunning down commuters at
CST. 15 policemen from D B Marg were sent to Chowpatty where they set up a
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double barricade on Marine Drive armed with 2 self-loading rifles (SLRs), two
revolvers and lathis (or batons).
The Skoda reached Chowpatty and halted 40 to 50 feet from the barricade. It then
reversed and tried to make a U-turn. A shootout ensued and Abu Ismail was killed.Ajmal lay motionless playing dead. Assistant sub-inspectorTukaram Omble, who was
armed only with a lathi(gapp), was killed when the police charged the car. Umbale
took five bullets, but held on to Ajmal's weapon, enabling his colleagues to capture
him alive. A mob gathered and attacked the two terrorists. This incident was captured
on video.
Some reports said that Ajmal Amir was shot and had bullet wounds in his hand or
both hands. There are other reports by doctors who treated him that he had no bulletwounds.
While it is reported that he told the police that he was trained to "kill to the last
breath",when he was arrested, he pleaded with the medical staff: "I do not want to die.
Put me on saline". Later, after interrogation in the hospital by the police, he said:
"Now, I do not want to live", requesting the interrogators to kill him for the safety of
his family in Pakistan who could be killed or tortured for his surrender to Indian
police. Fidayeen terrorists are strictly instructed by Lashkar commanders not to becaptured and interrogated, use aliases instead of their real names and hide their
nationality. He is also quoted as saying "I have done right, I have no regrets". Reports
also surfaced that the group planned to escape safely after the attack, ruling out this
being a suicide mission. It is also reported that he expressed to Indian police his
willingness to switch loyalties, saying: "If you give me regular meals and money I will
do the same that I did for them".
Ajmal Amir has told interrogators that right through the fighting, the Lashkar
headquarters from Karachi, Pakistan remained in touch with the group, calling their
phones through a voice-over-internet service. Investigators have succeeded in
reconstructing the groups journey through the GarminGPS set that has been seized
from him. The mail sent from a bogus group calling itself the Deccan
Mujahideen claiming responsibility has been traced to a Russian proxy which was
then traced back to Lahore, Pakistan with the help of the FBI. It was in fact the
Lashkar-e-Toiba operating under an alternate name after being banned by U.S.
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METHODOLOGY
The attackers had planned the attack several months ahead of time and knew some
areas well enough for the attackers to vanish, and reappear after security forces had
left. Several sources have quoted Kasab telling the police that the group received helpfrom Mumbai residents. The attackers used at least three SIM cards purchased on the
Indian side of the border with Bangladesh, pointing to some local collusion. There
were also reports of one SIM card purchased in New Jersey, USA. Police had also
mentioned that Faheem Ansari, an Indian Lashkar operative who had been arrested in
February 2008, had scouted the Mumbai targets for the November attacks. Later, the
police arrested two Indian suspects, Mikhtar Ahmad, who is from Srinagar in
Kashmir, and Tausif Rehman, a resident of Kolkata. They supplied the SIM cards, onein Calcutta, and the other in New Delhi.
Type 86 Grenades made by China's state-ownedNorinco were used in the attacks.
Blood tests on the attackers indicate that they had taken cocaine and LSD during the
attacks, to sustain their energy and stay awake for 50 hours. Police say that they found
syringes on the scenes of the attacks. There were also indications that they had been
taking steroids. The gunman who survived said that the attackers had used Google
Earth to familiarise themselves with the locations of buildings used in the attacks.
DISPUTE ON NATIONALITY
DISPUTE
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There was a dispute on the matter regarding the issue of nationality of Ajmal Kasab in
the court. After the attacks, India asserted that Ajmal was a Pakistani national based
on his confession and evidence gathered due to the information provided by him.
Several reporters visited the village in Pakistan where Ajmal Amir said his familylived, and verified the facts provided by him. FormerPakistan Prime Minister,Nawaz
Sharif confirmed that Ajmal Amir was from Faridkot village in Pakistan, and
criticized President Zardari for cordoning off the village and not allowing his parents
to meet anyone.
Investigative journalist Saeed Shah travelled to Ajmal Amir's village and
produced national identity card numbers of his parents, Mohammed Amir and Noor
Elahi soon after they themselves disappeared on the night of December 3, 2008.
Also, the Mumbai Police said that much of the information that Ajmal Amir provided
had proved to be accurate. He disclosed the location of a fishing trawler, MV Kuber,
that the terrorists used to enter Mumbai's coastal waters. He also told investigators
where they would find the ship captain's body, a satellite phone and a global-
positioning device, which they did.
Despite mounting evidence, Pakistani officials, including President Asif Ali Zardari,
initially denied the assertion that Ajmal Amir was Pakistani. Pakistani government
officials attempted to erase evidence that there was a Lashkar-e-Taiba office in
Deepalpur, near Kasab's village. The office was hurriedly closed in the week of
December 7. Moreover, at Faridkot many residents and local plainclothes police
appeared to be trying to hurriedly cover up Ajmal Amir's connection with the village.
The atmosphere turned hostile, and several reporters who went to Faridkot were
roughed up. In early December, dealing a major blow to Pakistan's claims, Ajmal
Amir's father admitted in an interview that the captured terrorist was his son.
In January 2009, a month after the attacks, Pakistan's national security
advisorMahmud Ali Durrani admitted to Ajmal Amir being a Pakistani citizen while
speaking to the CNN-IBN news channel. The Pakistan Government then hastily
acknowledged that Ajmal was a Pakistani, but also announced that Prime
MinisterYousaf Raza Gilani had fired Durrani for "failing to take Gilani and other
stakeholders into confidence" before making this information public, and for "a lack
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of coordination on matters of national security." This is a satire on the administrative
system of Pakistan.
KASABSCONFESSIONON NATIONALITY
The statement made by the Pakistani minister was contradicted by their own official
and even Kasab. Kasab even admitted before the court that he is a Pakistani and
belong to Faridkot in Pakistan. Kasab accepted before the trial judge that he was a
Pakistani national and told the court that he is fine with government-provided lawyer
to defend him.
Kasab appeared before special judge M L Tahiliyani via video link from the Arthur
Road jail where he is presently lodged in a high security cell giving the media the first
glimpse of the surviving terrorist who along with his nine accomplices were involved
in the carnage.
Tahiliyani asked Kasab to identify himself and asked him where he was from. Kasab
replied that he was from Faridkot, in Pakistan's Punjab province.
LEGAL PROCEEDINGS
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KASABSCONFESSION
Pakistani terrorist Mohammed Ajmal Amir Kasab, in his dramatic confession before a
special court Monday, said that he was a decorator by profession but since his income
was little, he was attracted to 'jehad' (holy war).
Through some contacts, he came in touch with the terror group Lashkar-e-Taiba (LeT)
and later underwent training under Zaki-ur-Rehman Lakhvi, Abu Hamza, Abu Kafa
and Abu Jhundal, the masterminds of the Nov 26, 2008, Mumbai terror attacks, at a
place called Battal in Pakistan.
Recounting how he joined terrorism, Kasab said he worked with Haji Sultan as a
small-time decorator in Jhelum in Punjab province. It was a month before the Bakr-
Eid festival, that co-worker Muzaffar and he spoke of how they were not making
enough money from the work. Muzaffar suggested that they could indulge in thefts or
dacoity to make more money.
While on a visit to Rawalpindi, Kasab had approached some LeT activists whom they
located in the Raja market. "I told them that I wanted to become a 'jehadi.' One of
them enquired about where we stayed and asked us to bring our belongings there.
Another accompanied us with a piece of paper on which Markaz Taiba Murqui waswritten and gave us some money," he said.
There they met more boys and joined them. After 21 days, Kasab was sent to Mansera,
and then to Mankheda Aksa. Later, all the boys were taken to a hilly place called
Battal where they were trained to operate pistols, guns, AK-47s and other weapons for
21 days. Later, they were sent to Daura Khaas for three months.
Kasab said three people trained them - Abu Ansa, Abu Basheer and Abu Abdul
Rehman. From Battal, he travelled to "Azad Kashmir", the Pakistan-administeredKashmir, where he met Sayeed.
All the boys were taken to another camp and trained for three months by Abu Maviya,
Abu Saiful Rehman, Abu Talaah and Abu Sariya. Here they learnt to operate rocket
launchers, grenades and other deadly weapons.
Later, Kasab said, he was given a week's break to go home. Upon return, Sayeed, Abu
Hamza and Abu Kafa selected some of the boys to go to Kashmir. They also learnt
swimming from Abu Imran and were for a month taken to Karachi, where they were
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trained to get acclimatised to the sea. They returned to Muzaffarabad in PoK, were
given identity cards and clothes which they wore on the day of the Mumbai terror
attacks.
Kasab and Abu Ismail were the first to get out after landing at Colaba in southMumbai that evening. They hailed a cab to go to Chhatrapati Shivaji Terminus (CST),
as instructed by Hamza and left one bomb in the taxi and another at CST. After
entering the CST, they opened fire as instructed by Hamza; Ismail lobbed grenades
inside the station premises and opened fire from his AK-47.
The duo continued firing and throwing grenades at regular intervals and continued
moving ahead even as the security forces started confronting them and later
surrounded them.
Seeing little or no retaliation from the stunned police forces that night, the duo decided
to take the CST subway, but Ismail beckoned him to go to Platform No. 1 where a
train was waiting. They continued moving ahead in the direction of the bridge at the
end of the station.
They tried to force open some vehicles parked outside in a small lane. They saw a
person coming from the opposite direction and Kasab killed him. Ismail started firing
ahead and the duo jumped a short wall there and entered one of the wards of Cama
Hospital.
Ismail asked Kasab to wait at the hospital gate and he went inside, firing and later led
him in. As they went inside, Kasab held a person as a shield after the police forces
confronted them. They started firing and throwing grenades, outside the main gate
they fired at a car and encountered firing from a jeep nearby. They hid behind a bush
and later dragged out the limp bodies of three policemen and hijacked the jeep to go
towards the Metro cinema junction.
It was in Cama Hospital that Kasab and Ismail gunned down Anti-Terrorist Squad
(ATS) chief Hemant Karkare and his associate Vijay Salaskar. They also killed
another senior police official, Additional Commissioner of Police Ashok Kamte,
before hijacking the police jeep.
However, they kept moving in circles and by then, the jeep had developed a flat tyre.
Kasab was also injured on his right elbow and left wrist and pleaded that he could notdo anything more.
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Ismail urged him on and said that even he had sustained a bullet on his knee. Then
they saw a Skoda car, they ordered the passengers - a couple, to stop, forcibly took the
keys from them and took the vehicle, blindly following another car as they did not
know where to proceed.
At a point on the road (Girgaum Chowpatty), they saw a police barricade, and when
they were ordered to stop, Ismail attempted to take a u-turn on the road, but failed.
The police rushed towards them and dragged out Kasab and hammered him with a
baton, snatched his gun and attacked him in the tummy with the butt.
Kasab claimed that he did not fire at anyone at that juncture and had lost
consciousness. When he revived, he found himself at Nair Hospital, under arrest by
the Mumbai police.
TRIAL
CHARGESHEET
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Indian investigators filed a formal 11,000 page Chargesheet against Kasab on 25
February 2009. Due to the fact that the chargesheet was written
in Marathi and English, Kasab had requested that an Urdu translation of the charge
sheet be given to him. Kasab has been charged with murder, conspiracy and waging
war against India along with other crimes. His trial was to have started on April 15 but
was put off as his lawyer, Anjali Waghmare, had been dismissed for a conflict of
interest. He has gotten a new lawyer named Abbas Kazmi. On 28 April, he wrote a
letter through his lawyer to the magistrate requesting a perfume bottle, a toothpaste,
Urdu Times newspaper and permission to walk in the adjacent varandah alongside his
barack. He also requested the court to deposit the amount (given to him by the
terrorists) seized from him by police into his jail account.
TIMELINEOF PROCEEDINGS
On 26 Nov 2008, Ujjwal Nikam was appointed as Public Prosecutor.
In Jan 2009, M L Tahiliyani was appointed as judge to conduct the trial.
In Feb 2009, an 11,000-page charge sheet was served on Kasab.
In Mar 2009, advocate Anjali Waghmare was appointed as Kasab's lawyer. Kasab
appeared through video-conferencing.In Apr 2009, Waghmare was removed as Kasab's lawyer. Abbas Kazmi was appointed
as defence lawyer in mid-April. Trial began on April 17, 2009.
On 20 Apr 2009, the prosecution submitted a list of charges, including the murder of
166 people.
On 6 May 2009 Kasab pleaded not guilty to 86 charges.
In May 2009, an eye witness identified Kasab in court. Another said he saw Kasab
and nine others arrive by boat. Two doctors who treated him, identified him.
On 2 June 2009, Kasab told the judge he now also understood Marathi.
In June 2009, the special court issued non-bailable warrants against 22 absconding
accused including Jamaat-ud-Dawa (JuD) chief Hafeez Saeed and chief of operations
of Lashkar-e-Toiba, Zaki-ur-Rehman Laqvi.
On 20 July 2009 Kasab retracted his non-guilty plea and pleaded guilty to all charges,
but his trial will continue.
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Visiting US Secretary of StateHillary Clinton said in an interview with Thai
publication The Nation during the ASEAN conference in Phuket in July 2009 that had
Kasab been educated, he wouldn't have been a terrorist.
On 18 December 2009, Kasab says he is innocent, he was framed and tortured byIndian Police. In a surprising U-turn he claims to have come to Mumbai 20 days ago
and was simply roaming at Juhu beach when police arrested him.
DETAILSOFPROCEEDINGS
Ajmal Amir has written to the Pakistani High Commission in India requesting help
and legal aid. In the letter, he confirmed the nationality of himself and the nine slain
terrorists as Pakistani. He also asked the Pakistani High Commission to take custody
of the body of fellow terrorist Ismail Khan, who was killed in an encounter in south
Mumbai on the night of November 26. Pakistani officials confirmed the receipt of the
letter and were reported to be studying its details. However, no further updates were
given on the matter by Pakistan.
Kasab's trial was delayed due to legal issues, as many Indian lawyers were unwilling
to represent him. A Mumbai Bar Association passed a resolution proclaiming that
none of its members would represent Kasab. However, the Chief Justice of India
stated that Kasab needed a lawyer for a fair trial. A lawyer for Kasab was eventually
found, but was replaced due to a conflict of interest. On February 25, 2009, Indian
investigators filed an 11,000-page Chargesheet, formally charging Kasab with murder,
conspiracy, and waging war against India among other charges. Kasab's trial began on
6 May 2009. He initially pleaded not guilty, but later admitted his guilt on 20 July
2009. He initially apologized for the attacks and claimed that he deserved the death
penalty for his crimes, but later retracted these claims, saying that he had been tortured
by police to force his confession, and that he had been arrested while roaming the
beach. The court had accepted his plea, but due to the lack of completeness within his
admittance, the judge had deemed that many of the 86 charges were not addressed and
therefore the trial will continue. Kasab could, and will almost certainly, be hanged if
given the maximum penalty of death.
Indian and Pakistani police have exchanged DNA evidence, photographs and items
found with the attackers to piece together a detailed portrait of the Mumbai plot.
Police in Pakistan have arrested seven people, including Hammad Amin Sadiq, a
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homeopathic pharmacist, who arranged bank accounts and secured supplies, and he
and six others begin their formal trial on 3 Oct 2009 in Pakistan, though Indian
authorities say the prosecution stops well short of top Lashkar leaders. In November
2009, Indian Prime Minister Manmohan Singh said that Pakistan has not done enough
to bring the perpetrators of the attacks to justice. On the eve of the first anniversary of
26/11, a Pakistani anti-terror court has formally charged seven accused, including LeT
operations commanderZaki ur Rehman Lakhvi.
Ujjawal Nikam, public prosecutor in the matter of Kasab, said there was ample
evidence to show Kasab and the two arrested accused, Faheem Ansari and Sabauddin
Ahmed, were part of the conspiracy hatched in Pakistan to strike terror in the financial
capital. He said foreign experts would be examined but their names and addressesshould be kept secret. Nikam also said that further investigations in this case were on
and supplementary chargesheet would be filed later.
Special Public Prosecutor Ujjwal Nikam told the court that Kasab, the prime accused
in the case, would be charged with murder of 166 persons in the attack unleashed by
Pakistan-based terror outfit LeT on November 26, 2008 here. Although he was not
directly involved in killing all 166 persons, Kasab was an active member of
conspiracy hatched in Pakistan to commit terror attacks in India, Nikam said in hisbrief preliminary address to open the case. Kazmi who had earlier defend to 30
accused in the 1993 Mumbai serial bomb blast trial, told the court he was willing to
defend Kasab.
Nikam said 1,820 witnesses had been cited but only potential among them will be
examined. Prosecution would place 750 articles and 1350 documents as evidence.
Nikam told the court that Kasab was directly involved in seven different cases of
terror attacks.
These pertain to murder of five crew of 'Kuber' boat, including its navigator Amar
Singh Solanki, bomb blast in a taxi at suburban Vile Parle, firing at Chhatrapati
Shivaji Terminus, Cama Hospital firing attack, killing of three police officers near
Cama Hospital and theft of Skoda car and attack on police team near Chowpatty, he
said. In all these cases, Kasab was involved with co-conspirator Ismail Khan, who was
killed in police encounter near Chowpatty, Nikam alleged.
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He said there are five other cases in which Kasab has been charged with murder
conspiracy, although he had not directly participated in them. These are firing in Hotel
Taj Mahal, Hotel Oberoi, Restaurant Leopold Cafe, Nariman House and bomb
explosion in a taxi at Mazgaon.
The court took on record advocate Ejaz Naqvi as defence counsel for Faheem Ansari
and Ahmed. Since Naqvi did not appear in morning session and Faheem sought time
to appoint another lawyer, the court asked Faheem's wife to call Naqvi to the court.
Later, he came and told the court that he would continue to defend Faheem.
DEMANDEDTRIALBY INTERNATIONAL COURT
The alleged gunman in the 2008 bloody siege of Mumbai said he should be tried by an
international court because he does not expect justice in India.
Mohammed Ajmal Kasab, 21, told a special court that police had falsely implicated
him in the case.
"I should be tried in an international court," he told Judge M.L. Tahiliyani.
Earlier Kasab retracted his confession that he sprayed gunfire into a crowd at the
railroad station. He also said police tortured him into admitting having a role in the
attacks.
Kasab also said thathe wanted to call witnesses from Pakistan for his defense, and that
he should be allowed to meet Pakistani officials. Witnesses would include a passport
officer, he said, without providing other details.
The judge asked him to file a petition through his attorney.
Kasab could face the death penalty if convicted. Murder and conspiracy to wage war
against India are among the charges he faces.
Kasab told the judge he came to Mumbai as a tourist and was arrested 20 days before
the siege began.
On the day the attacks started, Kasab said police took him from his cell because he
resembled one of the gunmen. They then shot him to make it look as if he had been
involved in the attacks and re-arrested him, Kasab said.
ANALYSIS
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It is mockery of the Indian Judicial System that even the charge is proved on the
convict but the trail is going on. In the month of July last year the convict pleaded
guilty of all the charges, but the Judge said that the other 86 cases have not been
addressed therefore the trial should continue and in the month of September he again
told the court that he was forced to plead for guilty by the Indian police. Has anyone
think over it that if the verdict would have been given as soon as he pleaded guilty
what would happen?
Such kinds of questions were raised, and will raise on Indian Judicial System if it will
continue to follow such kind of path. The Court should has given its verdict on the
basis of the evidences produced by the public, eye witnesses and moreover the
acceptance of the charge by the convict. The other matters could have been addressedlater on. Even there was news that Kasab giggle over the question asked by the judge
and made fun of it. This is a satire on the discipline of the courts. The judge has to
order him to behave in the court. This clearly shows that giving a chance of fair trial to
convict made him to perceive as nothing is going to happen to him for the next ten
years. People have such kind of mentality towards the Judicial System. If a suit has
been filed in a court then the guilty has nothing to do with it for many years.
Our Judicial System needs changes. This system has to be discarded and a new systemshould be introduced. Indian Police is not required to file a charge sheet of 11,000
pages and judges are needed not to give judgements running through thousand of
pages. A simple and logical statement is sufficient for the parties involved in it and for
the general public as well.
In my view this trial of Ajmal Kasab should be finished because there is nothing more
to think over it. Otherwise it will lead to expenditure of more and more money of the
government on such a heinous criminal, which is of no worth.
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BIBLIOGRAPHY:
NEWS PAPERS REFERRED: The Times of India
The Hindu
The Indian Express
The telegraph
WEBSITES REFFERED:
www.sify.com
www.dawn.com
www.timesofindia.indiatimes.com
www.indiatoday.intoday.in
http://www.dawn.com/http://www.timesofindia.indiatimes.com/http://www.indiatoday.intoday.in/http://www.dawn.com/http://www.timesofindia.indiatimes.com/http://www.indiatoday.intoday.in/
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