eng final project

8/7/2019 eng final project

1/20

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)


2/20

-Trial of Ajmal Kasab-

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

2


3/20


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

3


4/20


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.

4
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


5/20


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

5
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


6/20


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

6
http://en.wikipedia.org/wiki/Explosiveshttp://en.wikipedia.org/wiki/Explosiveshttp://en.wikipedia.org/wiki/United_Stateshttp://en.wikipedia.org/wiki/United_Stateshttp://en.wikipedia.org/wiki/Inter-Services_Intelligencehttp://en.wikipedia.org/wiki/Inter-Services_Intelligencehttp://en.wikipedia.org/wiki/Taj_Mahal_Palace_%26_Towerhttp://en.wikipedia.org/wiki/Taj_Mahal_Palace_%26_Towerhttp://en.wikipedia.org/wiki/Oberoi_Tridenthttp://en.wikipedia.org/wiki/Oberoi_Tridenthttp://en.wikipedia.org/wiki/Oberoi_Tridenthttp://en.wikipedia.org/wiki/Nariman_Househttp://en.wikipedia.org/wiki/Nariman_Househttp://en.wikipedia.org/wiki/Nariman_Househttp://en.wikipedia.org/wiki/Explosiveshttp://en.wikipedia.org/wiki/United_Stateshttp://en.wikipedia.org/wiki/Inter-Services_Intelligencehttp://en.wikipedia.org/wiki/Taj_Mahal_Palace_%26_Towerhttp://en.wikipedia.org/wiki/Taj_Mahal_Palace_%26_Towerhttp://en.wikipedia.org/wiki/Oberoi_Tridenthttp://en.wikipedia.org/wiki/Nariman_House


7/20


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

7
http://en.wikipedia.org/wiki/Karachihttp://en.wikipedia.org/wiki/Arabian_Seahttp://en.wikipedia.org/wiki/Indian_Standard_Timehttp://en.wikipedia.org/wiki/Urdu_languagehttp://en.wikipedia.org/wiki/Colabahttp://en.wikipedia.org/wiki/Marathi_languagehttp://en.wikipedia.org/wiki/Closed-circuit_televisionhttp://en.wikipedia.org/wiki/Chhatrapati_Shivaji_Terminushttp://en.wikipedia.org/wiki/Islamabadhttp://en.wikipedia.org/wiki/Islamabad_Marriott_Hotel_bombinghttp://en.wikipedia.org/wiki/9/11_attackshttp://en.wikipedia.org/wiki/Chhatrapati_Shivaji_Terminushttp://en.wikipedia.org/wiki/Toyota_Qualishttp://en.wikipedia.org/wiki/Cama_Hospitalhttp://en.wikipedia.org/wiki/Maharashtrahttp://en.wikipedia.org/wiki/Anti_Terrorist_Squadhttp://en.wikipedia.org/wiki/Hemant_Karkarehttp://en.wikipedia.org/wiki/Vijay_Salaskarhttp://en.wikipedia.org/wiki/Mumbai_Policehttp://en.wikipedia.org/wiki/Mumbai_Policehttp://en.wikipedia.org/wiki/Ashok_Kamtehttp://en.wikipedia.org/wiki/%C5%A0koda_Laurahttp://en.wikipedia.org/wiki/%C5%A0koda_Laurahttp://en.wikipedia.org/wiki/Girgaum_Chowpattyhttp://en.wikipedia.org/wiki/Karachihttp://en.wikipedia.org/wiki/Arabian_Seahttp://en.wikipedia.org/wiki/Indian_Standard_Timehttp://en.wikipedia.org/wiki/Urdu_languagehttp://en.wikipedia.org/wiki/Colabahttp://en.wikipedia.org/wiki/Marathi_languagehttp://en.wikipedia.org/wiki/Closed-circuit_televisionhttp://en.wikipedia.org/wiki/Chhatrapati_Shivaji_Terminushttp://en.wikipedia.org/wiki/Islamabadhttp://en.wikipedia.org/wiki/Islamabad_Marriott_Hotel_bombinghttp://en.wikipedia.org/wiki/9/11_attackshttp://en.wikipedia.org/wiki/Chhatrapati_Shivaji_Terminushttp://en.wikipedia.org/wiki/Toyota_Qualishttp://en.wikipedia.org/wiki/Cama_Hospitalhttp://en.wikipedia.org/wiki/Maharashtrahttp://en.wikipedia.org/wiki/Anti_Terrorist_Squadhttp://en.wikipedia.org/wiki/Hemant_Karkarehttp://en.wikipedia.org/wiki/Vijay_Salaskarhttp://en.wikipedia.org/wiki/Mumbai_Policehttp://en.wikipedia.org/wiki/Mumbai_Policehttp://en.wikipedia.org/wiki/Ashok_Kamtehttp://en.wikipedia.org/wiki/%C5%A0koda_Laurahttp://en.wikipedia.org/wiki/%C5%A0koda_Laurahttp://en.wikipedia.org/wiki/Girgaum_Chowpatty


8/20


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.

8
http://en.wikipedia.org/wiki/Lathihttp://en.wikipedia.org/wiki/Tukaram_Omblehttp://en.wikipedia.org/wiki/Fidayeenhttp://en.wikipedia.org/wiki/Karachi,_Pakistanhttp://en.wikipedia.org/wiki/Garminhttp://en.wikipedia.org/wiki/GPShttp://en.wikipedia.org/wiki/Deccan_Mujahideenhttp://en.wikipedia.org/wiki/Deccan_Mujahideenhttp://en.wikipedia.org/wiki/Russiahttp://en.wikipedia.org/wiki/Lahorehttp://en.wikipedia.org/wiki/Pakistanhttp://en.wikipedia.org/wiki/FBIhttp://en.wikipedia.org/wiki/Lathihttp://en.wikipedia.org/wiki/Tukaram_Omblehttp://en.wikipedia.org/wiki/Fidayeenhttp://en.wikipedia.org/wiki/Karachi,_Pakistanhttp://en.wikipedia.org/wiki/Garminhttp://en.wikipedia.org/wiki/GPShttp://en.wikipedia.org/wiki/Deccan_Mujahideenhttp://en.wikipedia.org/wiki/Deccan_Mujahideenhttp://en.wikipedia.org/wiki/Russiahttp://en.wikipedia.org/wiki/Lahorehttp://en.wikipedia.org/wiki/Pakistanhttp://en.wikipedia.org/wiki/FBI


9/20


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

9
http://en.wikipedia.org/wiki/SIM_cardhttp://en.wikipedia.org/wiki/Bangladeshhttp://en.wikipedia.org/wiki/Faheem_Ansarihttp://en.wikipedia.org/wiki/Chinahttp://en.wikipedia.org/wiki/Norincohttp://en.wikipedia.org/wiki/Cocainehttp://en.wikipedia.org/wiki/LSDhttp://en.wikipedia.org/wiki/Google_Earthhttp://en.wikipedia.org/wiki/Google_Earthhttp://en.wikipedia.org/wiki/SIM_cardhttp://en.wikipedia.org/wiki/Bangladeshhttp://en.wikipedia.org/wiki/Faheem_Ansarihttp://en.wikipedia.org/wiki/Chinahttp://en.wikipedia.org/wiki/Norincohttp://en.wikipedia.org/wiki/Cocainehttp://en.wikipedia.org/wiki/LSDhttp://en.wikipedia.org/wiki/Google_Earthhttp://en.wikipedia.org/wiki/Google_Earth


10/20


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

10
http://en.wikipedia.org/wiki/Pakistanihttp://en.wikipedia.org/wiki/Prime_Minister_of_Pakistanhttp://en.wikipedia.org/wiki/Nawaz_Sharifhttp://en.wikipedia.org/wiki/Nawaz_Sharifhttp://en.wikipedia.org/w/index.php?title=Saeed_Shah&action=edit&redlink=1http://en.wikipedia.org/wiki/Identity_document#Pakistanhttp://en.wikipedia.org/wiki/Mumbai_Policehttp://en.wikipedia.org/wiki/Global_positioning_systemhttp://en.wikipedia.org/wiki/Global_positioning_systemhttp://en.wikipedia.org/wiki/Evidencehttp://en.wikipedia.org/wiki/Asif_Ali_Zardarihttp://en.wikipedia.org/wiki/Lashkar-e-Taibahttp://en.wikipedia.org/wiki/Cover_uphttp://en.wikipedia.org/wiki/National_security_advisorhttp://en.wikipedia.org/wiki/National_security_advisorhttp://en.wikipedia.org/wiki/Mahmud_Ali_Durranihttp://en.wikipedia.org/wiki/CNN-IBNhttp://en.wikipedia.org/wiki/Yousaf_Raza_Gilanihttp://en.wikipedia.org/wiki/Pakistanihttp://en.wikipedia.org/wiki/Prime_Minister_of_Pakistanhttp://en.wikipedia.org/wiki/Nawaz_Sharifhttp://en.wikipedia.org/wiki/Nawaz_Sharifhttp://en.wikipedia.org/w/index.php?title=Saeed_Shah&action=edit&redlink=1http://en.wikipedia.org/wiki/Identity_document#Pakistanhttp://en.wikipedia.org/wiki/Mumbai_Policehttp://en.wikipedia.org/wiki/Global_positioning_systemhttp://en.wikipedia.org/wiki/Global_positioning_systemhttp://en.wikipedia.org/wiki/Evidencehttp://en.wikipedia.org/wiki/Asif_Ali_Zardarihttp://en.wikipedia.org/wiki/Lashkar-e-Taibahttp://en.wikipedia.org/wiki/Cover_uphttp://en.wikipedia.org/wiki/National_security_advisorhttp://en.wikipedia.org/wiki/National_security_advisorhttp://en.wikipedia.org/wiki/Mahmud_Ali_Durranihttp://en.wikipedia.org/wiki/CNN-IBNhttp://en.wikipedia.org/wiki/Yousaf_Raza_Gilani


11/20


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

11


12/20


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

12


13/20


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.

13


14/20


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

14


15/20


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.

15
http://en.wikipedia.org/wiki/Chargesheethttp://en.wikipedia.org/wiki/Marathihttp://en.wikipedia.org/wiki/English_languagehttp://en.wikipedia.org/wiki/Urduhttp://en.wikipedia.org/wiki/Murderhttp://en.wikipedia.org/wiki/Chargesheethttp://en.wikipedia.org/wiki/Marathihttp://en.wikipedia.org/wiki/English_languagehttp://en.wikipedia.org/wiki/Urduhttp://en.wikipedia.org/wiki/Murder


16/20


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

16
http://en.wikipedia.org/wiki/Secretary_of_Statehttp://en.wikipedia.org/wiki/Hillary_Clintonhttp://en.wikipedia.org/wiki/ASEANhttp://en.wikipedia.org/wiki/Chargesheethttp://en.wikipedia.org/wiki/Secretary_of_Statehttp://en.wikipedia.org/wiki/Hillary_Clintonhttp://en.wikipedia.org/wiki/ASEANhttp://en.wikipedia.org/wiki/Chargesheet


17/20


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.

17
http://en.wikipedia.org/wiki/Zaki_ur_Rehman_Lakhvihttp://en.wikipedia.org/wiki/Zaki_ur_Rehman_Lakhvi


18/20


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

18


19/20


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.

19


20/20


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/

eng final project

Documents