Ajmal Kasab Held Guilty of Murder and War Against the Indian Nation
From Media Sources by Eugene D’Souza
Mumbai, May 3: The Special Judge, M.L. Tahaliyani in a landmark judgement pronounced Ajmal Kasab guilty of all charges including murder and waging war against the Indian nation, the verdict that came about at around 2.30 pm on Monday, 3rd May 2010 in the Special Court in the high security Arthur Road Jail. However, the two Indian co-accused, Fahim Ansari and Sabahuddin Ahmed were acquitted as the court found that the evidence against them was not strong enough. The argument on the quantum of sentence will take place tomorrow, Tuesday, 4th may 2010.
The long awaited day of reckoning dawned on Monday 3rd May 2010, when everyone was waited eagerly for the delivery of judgement by Special Judge M L Tahaliyani on the fate of the lone captured Pakistani terrorist Muhammed Ajmal Amir Kasab, a native of Faridkot in Pakistan one among the ten who in an unprecedented terrorist attack killed 166 people including 23 foreigners and injuring 305 in what has come to be known as the 26/11 terror attacks in which the Pakistan trained terrorists massacred innocent people at Chatrapati Shivaji Terminus (CST), Taj Mahal, Oberoi Trident and Nariman House.
Along with kasab, two Indian co-accused Fahid Ansari and Sabahuddin Ahmed who have been charged with conspiracy in the terror attacks - preparing maps of the targeted locations and handing these to Lashkar- e-Taiba (LeT) operatives also faced the judgement. These three accused were lodged in Arthur Road Central Jail premises in South Mumbai where an air-conditioned Special Court was set up for the trial, as part of security measures.
The trial of Kasab had started last year on 15th April 2009. The first court appointed lawyer of Kassb, Anjali Waghmare was removed from the trial as she was also representing a 26/11 victim. On the next day the court appointed Abbas Kazmi as Kasab’s new lawyer, who in turn was removed on 30th November 2009 for not cooperating with the court and a new lawyer, K.P. Pawar was appointed to represent Kasab.
The trial of Kasab by a Special Court situated in the high security Artur Road Jail continued for 369 days. The voluminous charge sheet against Kasab comprised of 12,850 pages slapping 86 charges against Kasab who has been charged under various sections of the Indian Penal Code, including waging war against the nation. Besides, he faces charges under the Explosives Act, the Arms Act, the Passport Act, the Prevention of Damage to Public Properties Act, the Customs Act, the Explosive Substances Act, the Bombay Police Act, the Foreigners Act and the Unlawful Activities (Prevention) Act. So far Rs.33 crore has been spent on Kasab’s safety.
Kasab's trial, which started 15th Apri, 2009 was completed on 31st March 2010 after nearly seven months of hearing, excluding breaks and vacations. The prosecution case was led by Special Public Prosecutor Ujjwal Nikam. The prosecution had submitted 1,015 articles seized during investigations and filed 1,691 documents to support its case. The prosecution had also argued that Pakistan's security apparatus was used by LeT in the 26th November 2008 attacks. Speaking of the trial the special prosecutor, Ujjwal Nikam says the focus must be on the larger picture, "Not only from Kasab's evidence but also from other circumstantial evidence one can draw irrefutable and irresistible inference that some Pakistani army persons are involved in this place...David Headley has also admitted same thing, naming certain Pakistani Army people. So one thing is very clear that the security apparatus in Pakistan is behind the attack on 26/11.''
The verdict that came out at around 2.30pm and reported by the media was that the two accused Indians, Fahim Ansari and Sabahuddin Ahmed were acquitted of the charges of conspiracy and providing logistic support to the terrorists as the evidence was said to be not clinching.
However, Special Judge M.L. Tahaliyani held Ajmal Kasab was found guilty of all charges including murder and waging war on nation. The argument on the quantum of sentence for Kasab will take place tomorrow, Tuesday, 4th May 2010.
By this long and impartial trial, India has proved to the world that the nation believes in the rule of law and the judicial procedure. The relatives of the victims of 26/11 and public opinion at large is very
much in favour of quick execution of Kasab even to the extent of demanding public hanging of the perpetrator of the horror of 26/11.
However, the process of law stipulates that after the case is decided by a lower court, the accused can go on appeal to the High Court and then to the Supreme Court and finally make an appeal of clemency to the
President.