Prosecution to try Kasab for 166 murders

Mumbai: Setting the stage for commencement of the 26/11 trials, a special court today appointed senior advocate S G Abbas Kazmi to defend Mohammed Amir Ajmal Kasab, the lone arrested member of the 10 men Lashkar-e-Toiba terror squad which wreaked havoc in Mumbai.

Special Public Prosecutor Ujjwal Nikam told the court that Kasab, the prime accused in the case, would be charged with murder of 166 persons in the attack unleashed by Pakistan-based terror outfit LeT on November 26, 2008 here.

Although he was not directly involved in killing all 166 persons, Kasab was an active member of conspiracy hatched in Pakistan to commit terror attacks in India, Nikam said in his brief preliminary address to open the case.

After removing Anjali Waghmare as Kasab's lawyer yesterday for non-disclosure of certain facts, Judge M L Tahilyani today appointed Kazmi in her place to defend the accused. The costs would be borne by the state, he noted.

The court clarified Kazmi was not being appointed as amicus curiae (friend of the court) but as a defence counsel.

Since no one was ready to come forward from the state legal aid panel (as fees are very low), the judge has asked the state to bear the costs.

“In this case it is expected from the government to consider reasonable fees for the advocate. I would not mention any fees and leave it to the authorities to decide,” he said.

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Kazmi, who had earlier defended 25 to 30 accused in the 1993 Mumbai serial bomb blast trial, told the court he was willing to defend Kasab.

Reacting to his appointment, Kazmi told reporters outside the court, "I love challenges". The lawyer said he would draw defence strategy after going through the evidence against Kasab, and added that he had never defended a Pakistani national.

About the lone gunman captured during the attack, the lawyer said he had no idea whether Kasab belonged to Pakistan because he had yet to go through the chargesheet.

In the court today, Kasab appeared to be comfortable and was often seen smiling at his lawyer and reporters.

However, after lunch recess, he became serious and attentive when Prosecutor Nikam dwelt upon his alleged role in terror attack cases.

Nikam said there was ample evidence to show Kasab and the two arrested accused, Faheem Ansari and Sabauddin Ahmed, were part of the conspiracy hatched in Pakistan to strike terror in the financial capital.

He said foreign experts would be examined but their names and addresses should be kept secret. Nikam also said that further investigations in this case were on and supplementary chargesheet would be filed later.

Nikam said 1,820 witnesses had been cited but only potential among them will be examined. Prosecution would place 750 articles and 1350 documents as evidence.

Nikam told the court that Kasab was directly involved in seven different cases of terror attacks.

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These pertain to murder of five crew of 'Kuber' boat, including its navigator Amar Singh Solanki, bomb blast in a taxi at suburban Vile Parle, firing at Chhatrapati Shivaji

Terminus, Cama Hospital firing attack, killing of three police officers near Cama Hospital and theft of Skoda car and attack on police team near Chowpatty, he said.

In all these cases, Kasab was involved with co-conspirator Ismail Khan, who was killed in police encounter near Chowpatty, Nikam alleged.

He said there are five other cases in which Kasab has been charged with murder conspiracy, although he had not directly participated in them. These are firing in Hotel Taj Mahal, Hotel Oberoi, Restaurant Leopold Cafe, Nariman House and bomb explosion in a taxi at Mazgaon.

The court took on record advocate Ejaz Naqvi as defence counsel for Faheem Ansari and Ahmed. Since Naqvi did not appear in morning session and Faheem sought time to appoint another lawyer, the court asked Faheem's wife to call Naqvi to the court. Later, he came and told the court that he would continue to defend Faheem.

Earlier, the judge warned Kasab not to talk to other accused. Kasab nodded his head and kept quiet. He was wearing a dark grey T-shirt with blue stripes and a black sports pant.