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Role of judiciary in Kasab case

-by Shruti Bairagi

On November 26 , 2008, 10 Pakistani terrorists including Mohammad Ajmal Kasab


attacked India’s financial capital Mumbai. On November 27 police captured Ajmal Kasab,
after Two days police took statement from Kasab confessing that he was trained in
Pakistan and revealed the involvement of Lashkar-e-Taiba. And identification parade held
was on December 27. In January 2009 justice ML tahaliyani was appointed as 26/11
judge and Arthur road jail was selected as Kasab’s trial. Kasab’s DNA samples matched
with articles found in Luther, the boat which the terrorists commandeered after killing in
crew on their way to Mumbai to Pakistan. On feb 22 Kasab confessed before magistrate
and Ujjwal nikkam was appointed as special public prosecutor. After three days Kasab
was chargesheeted along with two others in the court. On April 1, Anjali Waghmare was
appointed as Kasab’s lawyer but was removed due to conflict of interest. Abbas Kazmi a
Pakistani lawyer was appointed and Kasab’s confession opened in court but he retracted.
On July 23, 2009, non bailable warrant was issued against 22 people involved in the
terrorist operation. This included Hafeez Said, Zaki-ur-Rehman Lakhvi, etc. all of them
were moving around freely in pakistan. On nov 30, 2009, Abbas Kazmi was also removed
as Kasab’s lawyer as he was called terrorist lawyer and KP Pawar was appointed as
Kasab’s new lawyer. Persecution completed its case on 26/11 on 16 December 2009 and
Kasab denied all the charges. On March 31, 2010, arguments in the case ended and
special judge ML Tahaliyani reserved judgment for May 2010. On may 2010 Kasab was
convicted , sabauddin Ahmed and ahem Ansari acquitted of all charges and Kasab was
sentenced to death by the trial court but Bombay high court upholder death sentence to
Kasab in feb 2011. SC execution of the death sentence awarded to Pakistani terrorist
Kasab.Oct 2011,Kasab told SC that he was brainwashed into committing the crime in the
name of ‘Allah’.Thus, he argued, he did not deserve capital punishment, especially since
he is so young., The Supreme Court admits Maharashtra government's appeal
challenging the acquittal of Faheem Ansari and Sabauddin Ahmed, co-accused of Ajmal
Kasab, in the 26/11Mumbai terror attack.,Case begins in Bombay High Court, Kasab
appears on screen through videoconference.Kasab threw tantrums, saying he wants to
attend the court in person; spits at camera and said ‘send me to America’; judges warned
him to behave properly. Kasab reiterates before his lawyers that he wants to appear in the
court personally.High Court judges view CCTV footage purportedly showing Kasab and
slain terrorist Abu Ismael being involved in acts of terror. Prosecutor Ujjwal Nikam justifies
the death sentence awarded to Kasab by trial court. Dec 7, Kasab denied killing police
officer Hemant Karkare and two other top cops. His lawyer argued that bullets in their
bodies did not match with Kasab's rifle.Jan 31, 2012: Kasab told SC that he was not
given a free and fair trial in the case.Feb 2012,SC heated intercepted conversations
between the perpetrators of 26/11 Mumbai terror attack and their Pakistani handlers and
watched the CCTV footage of the carnage. Apr 2012,SC reserved its verdict after a
marathon hearing, spanning over two and a half month.Aug 29, 2012, SC uphold death
sentence of Kasab and acquittal of two alleged Indian co-conspirators in the case.Oct 16,
2012, Union Home Ministry recommended to President for rejection of Kasab's mercy
plea. Nov 5, 2012, President Pranab Mukherjee rejected Kasab's mercy petition. Nov 8,
2012: Maharashtra government informed about President's decision. Nov 21, 2012, Ajmal
Kasab hanged in Yerawada Jail in Pune.Pakistan and the family members of Ajmal Kasab
informed about the execution.Union Home Minister Sushil Kumar Shinde announced that
Kasab's body will be laid to rest in India, as Pakistan has refused to claim it. Nov 21,
2012: Ajmal Kasab, who was hanged to death at 7.30 am, cremated in Pune's Yerawada
Jail.

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