Kasab appears in court through video conferencing, 26/11 trial

Mumbai, Mar 9 (PTI) Ajmal Kasab, the lone terrorist caught
alive in the Mumbai carnage, Monday appeared before court for
the first time through video conferencing from his prison and
the trial in the terror attack is set to begin from March 23.

Metropolitan magistrate Shrimangale committed the case
to the sessions court which will have a make-shift arrangement
inside the high security Arthur Road prison. The trial will be
conducted by sessions judge M L Tahilyani.

Kasab, arrested on November 26, has never been produced
in open court due to security concerns and he is presently
lodged in a high security barrack of the Arthur Road jail in
central Mumbai. Kasab was not present in person at the Court
but followed the proceedings from the jail.

The video conferencing lasted for about 15 minutes during
which the magistrate asked the Pakistani national to identify
himself and if he had received the copy of the 11,000-page
chargesheet filed by the Mumbai crime branch.


The captured terrorist in a deep baritone voice spoke in
Hindi only to confirm his name as Mohammad Ajmal Amir Kasab
and said, "I have received the chargesheet but I cannot
understand it, as it is in English and Marathi."


The Magistrate then told Kasab that he is committing the
case to the special court and that he can make the request for
translated chargesheet before that court on March 23.

The video conferencing was attended by the magistrate,
Ujwal Nikam, defence lawyer Ejaz Naqvi appearing for the two
alleged Indian Lashkar-e-Taiba (LeT) operatives Faheem Ansari
and Sabauddin, and crime branch officials.

After Kasab, Faheem Ansari, also an arrested accused in
the case, identified himself and told the magistrate that he
too wants the chargesheet translated into Urdu, as he does not
understand English or Marathi. Kasab faces charges of murder
and "waging war against India," and could be given the death
penalty if convicted.

Magistrate Shrimangale told Faheem that his lawyer, Naqvi
will argue his request after which the court will pass its
order.

Special public prosecutor Ujwal Nikam while opposing for
request for translation made by the accused argued that under
Section 272 of the Criminal Procedure Code (CrPC) the state
government decides as to what will be the language used in all
the courts other than the High Court. The applications are
meant to delay the trial, Nikam said.

"According to the circular issued by the Maharashtra
government, Marathi is mandatory in all the courts except the
High Court," Nikam contended.

Magistrate Shrimangale while rejecting the requests
directed the defence lawyer Naqvi to file an application in
this regard before the special court on March 23.

Nikam also told the court that Kasab has not expressed
any desire to appoint an Indian lawyer.

"We have sent a letter to Pakistan officials after Kasab
sought consular access but we have not received any response
as yet," Nikam said.

The other option is that the special court can appoint a
lawyer for Kasab from the state legal aid cell if the arrested
terrorist does not get one.

The Mumbai crime branch on February 25 filed a
11,000-page chargesheet against 38 accused in the November 26
terror strikes here that killed over 170 persons.

Out of the 38 accused, 35 Pakistani nationals and
operatives of Lashkar-e-Taiba (LeT) have been shown as wanted.

Among those include Zaki-ur-Rehman Laqvi, Yousif
Muzammil, Abu Kafa, Abu Ramza and Zarar Shah. It also includes
names of two suspected armymen - Major General Saab and
Colonel R Saadat Ullah.

The accused have been charged under various sections of
Indian Penal Code (IPC) including waging war against nation
and criminal conspiracy, and under the Foreigners Act,
Unlawful Activities (Prevention) Act, Arms Act, Explosives Act
and Customs Act. PTI SP
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