ID :
56076
Sat, 04/18/2009 - 07:33
Auther :

Mumbai terror attack trial begins, Kasab wants to retract

Mumbai, Apr 17 (PTI) The trial in the Mumbai terror
attack case opened Friday with the sole surviving terrorist
Mohammed Amir Ajmal Kasab seeking retraction of his confession
and the prosecution saying he and the other killed terrorists
were given military and intelligence training in Pakistan.

The trial commenced with the new defence lawyer S G
Abbas Kazmi, appointed by the court after Anjali Waghmare was
replaced, filing an application that Kasab wanted to retract
his statement made before a magistrate.

Kazmi told Judge M L Tahilyani that the accused was
retracting his confession as it was taken under "duress" by
police.

The court, which is yet give its ruling on the issue,
however, rejected Kasab's contention that he was a minor and
not 21 as claimed by the prosecution and that he should be
tried under the Juvenile Justice Act.

Opening the case, Special Public Prosecutor Ujjwal
Nikam alleged that Kasab, who was arrested on the night of
November 26 last, and the other killed terrorists had received
military and intelligence training in Pakistan under a
conspiracy hatched by Lashkar-e-Toiba in Pakistan to
ultimately capture northernmost state of Jammu and Kashmir.

Nikam based his submissions on the confession made by
Kasab before a magistrate.

The confession was Friday opened in the court and
Nikam read out some portions to point out that the
perpetrators of the crime had been given precise military and
intelligence training in Pakistan.

Inside the court, Kasab appeared to be comfortable and
was often seen smiling at his lawyer and reporters. However,
after the lunch recess, he became serious and attentive when
Prosecutor Nikam dwelt upon his alleged role in terror attack
cases.

The judge warned Kasab not to talk to the other
accused. Kasab, who was wearing a dark grey T-shirt with blue
stripes and a black trousers, nodded his head and kept quiet.

During the course of his submissions, Nikam did not
name Pakistan Army or ISI having trained the accused. But he
repeatedly referred to Major General Sahab and Col R Saadat,
who figured in Kasab's confession as supervisory officers of
the training imparted to accused.

Kazmi, who had earlier defended 25 to 30 accused in
the 1993 Mumbai serial bomb blast trial, told the court he was
willing to defend Kasab.

Reacting to his appointment, Kazmi told reporters
outside the court, "I love challenges". He said he would draw
up the defence strategy after going through the evidence
against Kasab and added that he had never defended a Pakistani
national.

About his client, the lone gunman captured during the
attack, Kazmi said he had no idea whether Kasab belonged to
Pakistan because he was yet to go through the chargesheet.

Nikam said there was ample evidence to show Kasab and
the two arrested accused, Faheem Ansari and Sabauddin Ahmed,
were members of the conspiracy hatched in Pakistan to strike
terror in the financial capital.

He said foreign experts would be examined but their
names and addresses should be kept secret. He also said that
further investigations in this case were on and supplementary
chargesheet would be filed later.

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.

He 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 Amarsingh 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, theft of Skoda car and attack on
police team near Chowpatty, he said.

Nikam alleged that in all these cases Kasab was
involved with co-conspirator Ismael Khan, who was killed in
police encounter near Chowpatty, Nikam alleged.

He said there are five other cases in which Kasab has
been charged with conspiracy read with murder, 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, the other accused
in the case.

Since Naqvi did not appear in the 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. PTI
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