Muslims tell Kazmi to refuse Kasab's case

Sunil Shivdasani

Mumbai, Apr 19 (PTI) S G Abbas Kazmi, defending lone
surviving gunman in November 26 terror attack case Mohammed
Amir Ajmal Kasab, Sunday said he had received "feelers" from
"certain groups" of minority community, asking him to withdraw
from the case but he was firm in his stand to continue.

"I am a professional lawyer and have taken Kasab's brief
on the directives of the court," Azmi told PTI in an exclusive
interview.
"My family and friends have been supportive of my decision
but certain members of my community have not taken it in the
right spirit and sent me feelers to withdraw from the case. My
response to them was that the court has appointed me and I
have no personal interest in defending Kasab", he said,
responding to the question on public reaction on his taking up
Kasab's case.

There is nothing wrong in defending Kasab and let a
message go to one and all that he should be represented by
some defence lawyer or else during the judgement he may go
scot free on the ground that he had no opportunity to defend
himself, Kazmi said.

Since no one came forward to offer his services to
defend Kasab I thought it would be in the interest of the
nation and legal justice that I take up his case, Kazmi
added.

Even the Supreme Court has delivered judgements to say
that accused has a right to be defended under the constitution
and depriving him of this right would not be in the interests
of justice, Kazmi said.


Certain Muslim organisations have called a press
conference tomorrow to oppose Kazmi's decision to defend
Kasab. However, Kazmi said he would stand as a rock and not
budge from his stand to represent the accused.
Following are excerpts from the interview:

Q. What has been Kasab's response to your appointment? Is he
responding?

A. Yes, he has abided by the court's decision and is
cooperative very much.

Q. How would you justify your decision of defending Kasab to
your community members, particularly to those who are opposed
to your appointment as defence lawyer?

A. Well, I have done a lot for the community. In 1993 bomb
blast case I appeared for many accused who belonged to
minority community. I was the first among defence lawyers to
appear in that court. Besides, I am on the board of some
trusts of minority community and undertake social service
whenever I find time. I have done a lot for the community and
would continue to do so.

Q. Have you chalked out a defence strategy for Kasab?
A. Not yet, I have still to go through the 11,000 page
chargesheet and other documents placed before the court. I
will do my best to defend him in whatever way I can. But it
will not be an easy fight, looking into the sensitive nature
of the case.

Q. Since Kasab has retraced his confession what would be its
legal status. Will it make a difference in the trial?
A. As of now the confession has not been admitted as a
document by the court. Let us wait and watch. We will decide
about it after the court gives its ruling on the admissibility
of the confession.

Q. Since you covered 1993 bomb blast case in this same court
at Arthur Road Jail, what similarities do you find between
that case and Kasab's trial?

A. No similarities except that Ujjwal Nikam and I have been
prosecutor and defence lawyer respectively in both the cases.
Also security is very tight now, we have to leave our mobiles,
pens and other belongings outside. There is no canteen in the
court and we have to take food outside in some restaurant.

Q. Do you have memories of the 1993 blast case which was tried
in the same premises as this one?

A. Yes, we all used to assemble in the canteen and have food
together with the accused, including actor Sanjay Dutt who was
facing charges in that case. There was a close bond with
reporters, accused and the court staff and later it became
like a family affair. But we did not compromise on
professional matters and the trial was very fair.

Q. Have you been provided with police security?
A. Yes, I have been provided Z security which comprises four
armed guards round the clock. PTI SVS