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71277
Tue, 07/21/2009 - 10:31
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Lawyers perplexed at Kasab's dramatic confession



Mumbai, July 20 (PTI) The dramatic confession of the
lone surviving gunman Abdul Kasab admitting his crime in the
Mumbai terror attacks triggered a collective gasp in the court
room and left lawyers perplexed raising questions where it was
voluntary or a ploy.

Ujwal Nikam, the Special Public Prosecutor in the
high-voltage case, admitted he was "surprised" at the
"unexpected" confession for the first time in the court
hailing it as as a big victory for the prosecution.

He said Kasab (21) may have realised that the "cat is
out of the bag" after 134 witnesses gave evidence against him
since the trial began in April.

But another criminal lawyer Satish Manishinde
counselled caution saying it should be known whether the
"belated" confession was voluntary and whether he was coerced
or got any instructions even though there was "clinching
evidence" to his involvement.

The action of the Pakistani national pleading guilty
on the 65th day of his trial in the high security Arthur road
prison left those in the special court shocked.

And Judge M L Tahiliyani, who was apparently taken
aback, called lawyers from both sides to figure out the
significance of Kasab's statement.

"We are surprised that Kasab has abruptly taken this
stand (of confessing to involvement in 26/11 attacks)," said
Nikam.

"Everybody in the court was shocked the moment he said
he accepts his crime. It was unexpected," he said, adding, "We
are minutely assessing what he admitted in court," he said.

Harish Salve, a senior Supreme Court lawyer, said it
is not clear if Kasab confessed voluntarily.

"I hope it is not a ploy and he doesn't come the day
after and give it another twist,"he said.

Kasab's lawyer Abbas Kazmi was reported to be unaware
that his client was going to plead guilty to all the charges
levelled against him.

It was not immediately clear what prompted Kasab to
make the statement after consistently denying he was guilty
over the last 65 days of the trial.

Asked whether there was police pressure on Kasab to
admit to his crine, Maharashtra Chief Minister Ashok Chavan
replied in the negative. "No, there is no question of police
pressuring anybody," he added.

He however said the trial should be completed quickly
and all those involved in the attacks should be hanged.

"I believe that the entire conspiracy was hatched by
these Pakistani nationals and it was only a formality," he
said.

Nikam told reporters that Kasab had "stood up and
informed the court that he was willing to confess".

In Manishinde's view, the confession was a "tactical"
move by Kasab and his team. "It is obvious that he has got
enough instructions to what he has done today," he added.

Another criminal lawyer Majid Memom said the court
should ascertain whether Kasab's admission was voluntary or
involuntary and whether pressure was brought to play.

The day's proceedings were due to start from
eye-witness evidence from a police officer who witnessed the
shootings. PTI GSN
PMR

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