26/11 trail begins, Kasab seeks retraction of confession

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 hinting at Pakistan army's involvement in
training him and the other terrorists, who were killed.

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 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 killed terrorists had received
military and intelligence training in Pakistan under
a conspiracy hatched by Lashkar-e-Toiba in Pakistan to
ultimately capture Jammu and Kashmir.

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.

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.

When it was read out to Kasab, he said he wanted to
retract from it saying it was taken by police under duress.

Inside the court, Kasab appeared to be comfortable and
was often seen smiling at his lawyer and reporters. However,
the after 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.

Nikam, however, argued that Kasab was retracting his
confession after two months. He denied the allegations that
the confession was taken under duress and said it was recorded
by a Magistrate who is an independent judicial officer.

In another development, Kasab said he was a juvenile
(below the age of 18 years) and therefore the Special Court
had no jurisdiction to try him. The Judge, however, rejected
his plea after Nikam said that jail records and confession of
the accused indicated that his age was 21 years.

When Kasab's confession was being read out by the
prosecutor, the accused appeared to be serious and hung his
head down with hands on forehead.

Nikam said LeT chief Hafeez Muhammed Saeed, the
outfit's chief of operations Zaki-Ur-Rehman Lakhavi and its
member Abu Hamza had trained the accused in various parts of
Pakistan.

In Muzaffarabad, Nikam said, they were taught to take
positions with AK-47 rifles and also imparted knowledge in
making bombs from RDX. In Muridke, the headquarters of LeT
near Lahore, the accused were taught how to find out whether
they were being trailed and how to confuse them.

The accused were taught how to create a fake identity
and trained in spreading fishing nets in the sea so that they
could pose as fishermen in case they were caught by Indian
Coast Guard in the high seas, Nikam said. Who are these
trainers? It appears that they were trained professionals.
Further investigations were on."

Referring to Kasab's confession, Nikam said LeT chief
Sayeed had told the accused that time had come for `jehad'
and their ultimate goal of capturing Jammu and Kashmir could
be achieved by attacking India.

The accused were then told they would have to go to
Mumbai and indiscriminately fire at people killing as many as
they could. According to Kasab, Mumbai was the target because
it is the financial hub and also attracts foreign tourists.

Kasab had also said in confession that they were told
to open fire at crowded Chhatrapati Shivaji Terminus (CST)
without caring whether the targets were Hindus or Muslims.

"LeT was a multi-headed dragon capable of resurrecting
itself in different forms," Nikam said, adding the November 26
attack in Mumbai was a new face of terror.

Summing up, the prosecutor said the attack, in which
over 160 people including foreigners were killed, was a proxy
war on India and aimed at destablising the country.

Nikam said Kasab was involved in seven cases - murder
of crew of marine vessel 'Kuber' including its navigator
Amarsingh Solanki, CST firing, Cama Hospital firing, gunning
down three police officers, taxi bomb explosion in Vile Parle,
theft of Skoda car and policeman's murder at Chowpatty.

Kasab's team mates, killed by security armed forces,
were involved in firing at Hotels Taj Mahal, Oberoi, Leopold
Cafe, Nariman House and taxi bomb blast at Mazgaon. Kasab has
been charged with conspiracy in these cases. PTI SVS
PMR
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