26/11 terror attack accused's trial to continue

Mumbai, July 23 (PTI) On a day of drama, Mohd Ajmal
Amir Kasab's lawyer decided to withdraw from the 26/11 terror
attack case but later retracted even as the special court
Thursday ordered that the trial of the Pakistani gunman will
continue.

Kasab's lawyer Abbas Kazmi told the court that he
would like to pull out of the case as his client has lost
confidence in him but later said he will continue to represent
him.

Special Judge M L Tahilyani, hearing the case in the
high security Arthur Road jail in central Mumbai, said the
trial will continue as Kasab has confessed to the basic
offence but not pleaded guilty to 86 charges slapped on him.

The judge told 22-year-old Kasab, "Aap ke khilaaf 86
charges frame kiye the. Apne sab nahin kabool kiye hain, lekin
gunaah kabool kiya hai. Isiliye court ne decision liya hai ki
yeh case chalega. (There were 86 charges framed against you.
You have not pleaded guilty to all of them. You have confessed
only to the basic offence. That is why the court has taken the
decision to continue with the trial)."

To this, Kasab just said "theek hai "(okay).

Taking everyone by surprise, Kasab had on Monday
pleaded guilty to his involvement in the attacks at the
Chhatrapati Shivaji Terminus and other locations. The terror
strikes by Kasab and nine others in Mumbai had left 183 dead.

In his order, the judge said the court has come to a
conclusion that Kasab's statement should be taken on record
and considered at an appropriate stage as evidence.

The court instructed the prosecution to continue with
the trial and produce witnesses.

"The prosecution's stance is totally vindicated by the
order of the court," special public prosecutor Ujjwal Nikam
told reporters outside the court.

"The court has accepted our contention that Kasab has
not pleaded guilty for the entire incident and did not confess
to all the charges. The court has said that his admission of
guilt can be taken on record and will be considered at a later
stage," Nikam said.

The prosecution had argued Wednesday that Kasab's
confession be taken on record but the trial should be allowed
to continue since the gunman had not admitted to his guilt in
all the offences in which he was involved.

However, the defence lawyer had argued that Kasab
should be sentenced if his plea was accepted. Else, the court
should reject it and not take the statement on record at all.

As the hearing commenced, Kazmi said, "Sir, I feel I
should withdraw at this stage. He (Kasab) does not take me
into confidence and I will recuse myself."

The judge then explained to Kasab in Hindi that his
lawyer has gained an impression on his having no confidence in
Kazmi and hence wants to withdraw.

"Maine aise kuch nahin kaha hai (I have not said
anything like that)," Kasab said.

The court then told Kasab to speak with his lawyer and
clear any misunderstandings between them."It appears he has
certain misunderstandings. Your duty is to clear it and I do
not think it is a big issue," the court said.

The judge told Kazmi, "I have appointed you as Kasab's
lawyer and will not easily allow you to take this extreme
step. I will give one chance for Kasab to talk to you and
clear all doubts in your mind."

Kazmi had been appointed by the court to represent
Kasab after it could not find a lawyer in the state legal aid
cell.

The defence counsel said during lunch time he had
spoken to Kasab who told him "mujhe aap pe bharosa hai" (I
have confidence in you). After that, I decided to stay on and
represent Kasab".

Kazmi said he had no clue that Kasab will make the
stunning confession on Monday when the gunman told the counsel
that he wants to make a submission directly to the court. "I
had nothing to do with it (Kasab's confession)", Kazmi said.

Nikam said Kasab was making the statements only to
gain sympathy and escape harsher punishment.

"Kasab is very shrewd and clever, and has not admitted
his entire role in the November 26 terror strikes. By making
emotional statements it does not indicate any remorse and he
is calm," Nikam said.

"Before admitting his guilt Kasab had sought to
consult with his lawyer and only after that he had done so,"
Nikam said.

Kazmi could have sought time from the court to consult
with his client to confer with him but did not do so, he said,
adding the defence counsel had withdrawn only after the
court's Thursday order. PTI SVS
RAI
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