To end or not to end?

Kasab’s confession can’t be final word

Mohammed Ajmal Amir, alias Kasab, pleaded guilty to his role in the 26/11 carnage on Monday. His reason, he claimed, was that he wanted a quick end to the trial and an early verdict.

However, special public prosecutor Ujjwal Nikam on Wednesday argued that the court should take Kasab’s plea on record and go on with the trial as he had only attributed minimum role in the attacks and was trying to save his Pakistani handlers.

If the court accepts Nikam’s argument, the prosecution will be allowed to use Kasab’s statement in court and cover the “inconsistencies” in his statement by leading evidence on it. This would also ensure that fewer witnesses will be examined. “Kasab has taken minimum role in the offences. Shrewdly, he has shown he was acting as a subordinate to Abu Ismail,”argued Nikam.

Nikam contended that since Kasab did not admit his “complicity” in the crime, the court may not give him a death penalty.

Kasab, in his confession,  said that motive behind the attack was to wage war against India with a view to liberate Kashmir. His handler, Abu Alkama, told the group to attack major cities of India and “eat it hollow”, he said.

However, Nikam claimed that Kasab hadn’t mentioned the name of all his handlers. He then read out the Criminal Procedure Code of Pakistan which allows for a trial of its citizen even if the offence occurs outside Pakistan and a provision where the copies of depositions recorded outside Pakistan can be used there.

“The provisions of CrPC of Pakistan are applicable in this case. This is an attempt to save his boss. This case has international ramifications. He hasn’t spoken of the entire dimension of the conspiracy,” said Nikam.

“He has only admitted to the CST firing without saying that his firing killed people,” he added. Nikam also raised objection to the fact that Kasab didn’t mention the Faheem Ansari and Sabauddin Shaikh in his plea.

It’s all or nothing, Kazmi tells court

Mohammed Ajmal Amir, alias Kasab’s, lawyer Abbas Kazmi on Wednesday said if Kasab’s plea is accepted, the court should wind up the trial. But if it is rejected, it should be rejected in its entirety.

“The prosecution cannot have it both ways. If the plea is accepted, the trial should come to an end. If not, it should not be taken on record at all and the trial should go on as before,” said Kazmi.

Kazmi explained that he was demanding this since Kasab’s statement is incriminating. “My client has already pleaded guilty. I’m here only to take care of legal aspects of his case,” he said.

Earlier, Kazmi had alleged that the court should examine the circumstances in which Kasab had pleaded guilty.

“There was a continuous strategy by the guards. He was tortured in the last few days. The guards have been telling him ‘dekho tumhara bachne ka koi chance nahi. Court hamara hai, vakil hamara hai, aur tumhara diya hua vakil bhi hamara hai’ (You have no chance of hope here. The court is ours, the lawyer is ours, your lawyer is also ours),” said Kazmi.

This statement, however, was denied by Kasab. “Whatever was told by Abbas sahib didn’t occur. This incident occurred earlier, during the remand stages at kila court (Esplanade metropolitan magistrate court).”

On Wednesday, Kazmi handed over four Urdu books to jail authorities for Kasab. “These books were published in Delhi. I had earlier given him some joke books and short stories. He saw the advertisement of these books on their cover and specifically told me to get them,” said Kazmi.

Kazmi said the books he got for Kasab were — Tilism Kadah (a book  magic), Tibbe Nabari aur Jadeed Science (Prophet’s medicine and modern science), Mohammed Bin Qasam (a book on the first Arab who landed on Indian shores) and Sitara Jo Tut Gaya (A star that broke).