Holding that a war-like situation was created by the 10 Pakistani gunmen, including Mohammed Ajmal Amir Kasab, who attacked the city on November 26, 2008, the special court held Kasab
guilty for waging war against the nation.
The judge came to this conclusion after going through Kasab’s confession, in which he has spoken about his training; the reason he came to Mumbai; the planning and acquisition of arms, ammunition, explosives; hijacking the trawler MV Kuber; purchase of telephones and GPS devices; and the student identity cards forged to conceal their identities.
“I have given a finding that this planning cannot be made by normal criminals. This was a preparation made for a war,” said special judge ML Tahaliyani.
The court also took into consideration the fact that extra government forces like the National Security Gaurds (NSG), Marcos commandos had to be called to fight the terrorists.
“The resistance put up by the accused is indicative of the determination to fight the war,” the judge opined. The court considered the talk between a Pakistani gunman, Fahadullah, after his accomplice, Abdul Rehman Bada, was killed by the NSG commandos at Oberoi Hotel.
“He was cornered form all sides but he received instructions to fight till death,” said judge Tahaliyani.
Fahadullah handlers had tried to motivate him by saying: “Mere veer, sabar karna hai. Himmat karni hain, aur muqabla karna hain datke (My brother, you have to be patient. Have courage and carry on fighting.”
The court also found Kasab guilty under Section 122 of the Indian Penal Code that deals with collecting arms, ammunition with the intention of waging war against the nation.
“It appears from his confession that such people are regularly recruited in Pakistan,” the judge said, adding that a foreigner can be held guilty under the offence.
