Court orders inquiry to check if Kasab is a juvenile

Mumbai, Apr 24 (PTI) Accepting the prosecution's plea, a
special court in India's financial capital Mumbai Friday
ordered an inquiry to check whether the prime accused in 26/11
terror attack case, Mohammed Ajmal Amir Kasab, is a juvenile
(below 18 years of age).

Special public prosecutor Ujjwal Nikam asked for the
inquiry, saying that Kasab should get a fair trial and the
accused should not get an opportunity to plead later that the
trial had been vitiated as he was a juvenile.

In case the inquiry holds that he is a juvenile, he will
be referred to a juvenile court for trial under the Juvenile
Justice Act which provides for maximum punishment of three
years, his lawyer Abbas Kazmi said.

"I am of the opinion that in view of the peculiar nature
of the case, the court will have to order an inquiry to
determine his age," Judge M L Tahaliyani observed.

The nature of the inquiry would be two fold -- direct
evidence and scientific tests.

The court has allowed the prosecution to examine on April
28 the prime witnesses -- jailor and doctor of the hospital
where Kasab was admitted after his arrest on November 26 last
year.

The scientific examination in the inquiry would include
Ossification (bone test) and dental tests to determine Kasab's
age. Prosecutor Nikam said that normally a person gets wisdom
tooth after attaining the age of 17. In this case, test would
be conducted to see if he had the wisdom tooth.

Prosecution's case is that Kasab is a major and had told
a doctor of Nair hospital where he was admitted for treatment
of bullet injuries that he was 21. He had also stated the same
age to the jailor who entered it in jail register when he was
sent to jail custody earlier.

The court ordered jail authorities to take Kasab for
Ossification test and dental examination to determine his age.

On a query by reporters, prosecutor Nikam refused to
disclose the place where the tests would be done. The court
also did not mention where such tests would be held.

The radiologist and the dentist, who will conduct the
tests, have been asked to submit a report on or before April
28.

Kasab will be taken for scientific tests under heavy
security because there was a threat to his life.

The court ordered the inquiry after prosecutor Nikam
moved an application urging that the age of the accused may be
determined before the charges are framed against him.

He said, "We believe in a fair trial and a message should
go around that India was just not a banana country but the one
that encouraged complete transparency in the legal system."

Earlier, Kasab had pleaded that he was juvenile and that
the case should be transfered to Juvenile court. The court
rejected his plea, saying he did not appear to be a juvenile
but if it felt anytime during the trial that an inquiry should
be held to determine his age, it would do so.

In another development, judge Tahiliyani has commenced
inspection of the area outside Arthur Road jail to examine
whether security arrangements for Kasab can be continued
without causing inconvenience to shopkeepers and residents in
the vicinity.

Hearing the grievances of people, the Bombay High Court
had appointed the judge as the Commissioner to survey the area
and file a report on April 27.

The judge personally visited the area last evening and
spoke to shopkeepers and residents asking them about their
problems. He even went to the watch tower in the jail premises
to survey the area from the top.

The residents and shopkeepers of the area have filed a
PIL, objecting to partial closure of the road along the jail
where the trial is being conducted. PTI