Mumbai citizens burst firecrackers, distributed sweets and relived memories of the November 26, 2008 massacre as soon as they heard the order on Thursday of the Special Sessions Court sentencing Kasab to death by hanging. Crackers went off in South Mumbai in the predominantly Muslim areas of the city, and people carried placards welcoming the verdict. Various groups came out on the street with banners and posters, passing sweets around.
At Chhatrapati Shivaji Terminus (CST), where Kasab and Abu Ismail wreaked havoc, crackers were burst to welcome the verdict. People queued up to pay homage at the memorial to victims. Right from 10-year-old Devika Rotawan, who was a witness, to Kavita Karkare, wife of the killed police officer Hemant Karkare, families of victims and survivors have been demanding death for Kasab for that night of horror which claimed 166 lives.
For Assistant Police Inspector Hemant Bowdhankar, this was the day he was waiting for ever since he helped in the capture of Kasab. Mr. Bowdhankar was part of the police team from D B Marg police station which stopped Kasab and Abu Ismail at Chowpatty as they drove up in a stolen silver Skoda on the night of November 26, and engaged them in a short gun battle.
The Mumbai police will always remember the sacrifice of policeman Tukaram Ombale who fell to Kasab's bullets that night. The death sentence has vindicated somewhat his sacrifice, feel the policemen. Mr. Bowdhankar told TheHindu: “I was expecting the maximum punishment for Kasab. Everyone did a good job of giving evidence and the truth was what made the difference. We all welcome this judgment.”
Another policeman, who was part of this team and who does not wish to be named, says that this is a judgment that should make all Indians proud. It was the result of teamwork of the Mumbai police, and the Indian judiciary showed the world how it could conduct a fair trial. This is a moment to feel proud of our judiciary as well, he said.
However, Ms. Karkare, while welcoming the death sentence, was disappointed that two persons were acquitted in this case. Kasab should not be given an opportunity to go to the Supreme Court and his sentence should be executed immediately, she added.
Vaishali Ombale, daughter of Tukaram Ombale, expressed fears that the punishment would be delayed. She, like many other families of victims, called for a speedy end to the whole thing.
“Fit punishment”
Vishnu Zende, the announcer at Chhatrapati Shivaji Terminus (CST) who repeatedly made announcements asking people to clear the station that night, was happy. “I saw what Kasab did that day at CST and this is a fit punishment. Nothing less would have done. We are all very happy to hear this verdict,” he said.
The government too welcomed the death sentence for Kasab. Maharashtra Chief Minister Ashok Chavan, Deputy Chief Minister Chhagan Bhujbal and State Home Minister R.R. Patil praised the judiciary and Special Public Prosecutor Ujjwal Nikam, and said there must be no delay in executing Kasab's death sentence.
Mr. Chavan said the verdict reflected the public sentiment. The trial was fair and democratic and ended within a year. He complimented judge M.L. Tahaliyani and also senior police officials, Rakesh Maria, Deven Bharati and the Mumbai police for the way in which they handled this case.
Mr. Patil said India was a soft target for terrorists and this judgment should send a strong signal to the world that terrorism would not be tolerated. Considering the gravity of charges against Kasab, that of waging war against India and murder, it could be nothing less than the death sentence. Given the brutality of the attack, the punishment seemed less, he said.
Mr. Patil once again said that all those convicted who were in Pakistan must be brought to India and the world community must bring pressure on Pakistan to do so. Responding to newspaper reports that the State had no hangman, Mr. Patil said the government would find one.
He said the government would appeal to the Centre to fast track the legal procedure so that there was no delay in executing the sentence. In regard to the acquittal of the two Indians in the case, Fahim Ansari and Sabahuddin Ahmed, Mr. Patil said the government would file an appeal against it in the High Court.
Showing posts with label 26/11. Show all posts
Showing posts with label 26/11. Show all posts
Friday, May 7, 2010
Kasab sentenced to death
Mohammad Ajmal Amir Kasab “shall be hanged by neck till he is dead.”
Pronouncing these words, the Special Sessions Court here on Thursday sentenced to death the lone surviving gunman of the November 26, 2008 Mumbai terror attacks.
Kasab was given the death penalty on five counts: murder, abetment to murder, waging war, criminal conspiracy and committing terrorist acts.
He was also awarded life imprisonment on five counts: attempt to murder in furtherance of a common intention, kidnapping and abducting in order to murder, conspiracy to wage war, collecting arms with the intention of waging war and causing explosion thus endangering life and property.
‘Aapko char offences ke liye sazaye maut di jaati hai. [You have been sentenced to death for four offences],' Judge M.L. Tahaliyani told Kasab after he read out the order.
“You have been given the death penalty for murdering Indian citizens, police officers, conspiring with Lashkar leaders and committing terrorist acts. The court has said while giving the judgment that you shall be hanged unto death,” Mr. Tahaliyani told Kasab. While the sentence was being read out, Kasab sat still, his face sunk deep in the cup of his palm. He listlessly waved when asked by the court to give an opinion on his sentencing. Anxiety drew him to ask for water and he had to be taken out of court. “Shukriya saab [Thank you, sir],” was all the 26/11 convict could say on his way out of the courtroom.
The court wholly accepted the prosecution's arguments for awarding the death sentence, noting that the “aggravating circumstances” fully outweighed the “mitigating circumstances.” It found that the defence could not make out a case for the lesser punishment of life.
“In my opinion, the circumstances demand that death penalty be imposed in this case. The court has no option but to impose death sentence. This man has lost the right of getting humanitarian treatment,” the court observed.
The court also referred to the Kandahar hijack incident triggered by the presence of the accused in the custody of the Government of India. Mr. Tahaliyani noted, “By keeping such a person alive there would always be a danger hanging over the government. He is a constant danger. He is a menace to society. He has no right to live.”
The Indian Penal Code Sections under which Kasab has been given death penalty are: 302 (murder), 302 read with 120 B (criminal conspiracy), 121 (waging war), 302 read with 34 (common intention) and 302 read with 109 (abetment) read with 120 B.
In addition, he has been given death for the offence punishable under Section 16 of the Unlawful Activities (Prevention) Act. For the other offences, he was awarded rigorous imprisonment, simple imprisonment and imposed with fines.
Special Public Prosecutor Ujjwal Nikam told reporters that a confirmation of the death penalty from the Bombay High Court was awaited. Kasab would continue to be housed at the high security Arthur Road jail till further orders by the government.
Pronouncing these words, the Special Sessions Court here on Thursday sentenced to death the lone surviving gunman of the November 26, 2008 Mumbai terror attacks.
Kasab was given the death penalty on five counts: murder, abetment to murder, waging war, criminal conspiracy and committing terrorist acts.
He was also awarded life imprisonment on five counts: attempt to murder in furtherance of a common intention, kidnapping and abducting in order to murder, conspiracy to wage war, collecting arms with the intention of waging war and causing explosion thus endangering life and property.
‘Aapko char offences ke liye sazaye maut di jaati hai. [You have been sentenced to death for four offences],' Judge M.L. Tahaliyani told Kasab after he read out the order.
“You have been given the death penalty for murdering Indian citizens, police officers, conspiring with Lashkar leaders and committing terrorist acts. The court has said while giving the judgment that you shall be hanged unto death,” Mr. Tahaliyani told Kasab. While the sentence was being read out, Kasab sat still, his face sunk deep in the cup of his palm. He listlessly waved when asked by the court to give an opinion on his sentencing. Anxiety drew him to ask for water and he had to be taken out of court. “Shukriya saab [Thank you, sir],” was all the 26/11 convict could say on his way out of the courtroom.
The court wholly accepted the prosecution's arguments for awarding the death sentence, noting that the “aggravating circumstances” fully outweighed the “mitigating circumstances.” It found that the defence could not make out a case for the lesser punishment of life.
“In my opinion, the circumstances demand that death penalty be imposed in this case. The court has no option but to impose death sentence. This man has lost the right of getting humanitarian treatment,” the court observed.
The court also referred to the Kandahar hijack incident triggered by the presence of the accused in the custody of the Government of India. Mr. Tahaliyani noted, “By keeping such a person alive there would always be a danger hanging over the government. He is a constant danger. He is a menace to society. He has no right to live.”
The Indian Penal Code Sections under which Kasab has been given death penalty are: 302 (murder), 302 read with 120 B (criminal conspiracy), 121 (waging war), 302 read with 34 (common intention) and 302 read with 109 (abetment) read with 120 B.
In addition, he has been given death for the offence punishable under Section 16 of the Unlawful Activities (Prevention) Act. For the other offences, he was awarded rigorous imprisonment, simple imprisonment and imposed with fines.
Special Public Prosecutor Ujjwal Nikam told reporters that a confirmation of the death penalty from the Bombay High Court was awaited. Kasab would continue to be housed at the high security Arthur Road jail till further orders by the government.
Thursday, May 6, 2010
I am happy, says Nikam
“I am happy with the judgement,” Special Public Prosecutor Ujjwal Nikam declared Thursday, after Pakistani national Ajmal Amir Kasab was sentenced to death in the 26/11 case.
“This case was a challenge to us,” Nikam told reporters, adding that capital punishment would help heal the wounds of the victims of the 2008 terror attack on Mumbai by Pakistani terrorists.
“This case was a challenge to us,” Nikam told reporters, adding that capital punishment would help heal the wounds of the victims of the 2008 terror attack on Mumbai by Pakistani terrorists.
Kasab sentenced to death by special court
Pakistani gunman Ajmal Amir Kasab was sentenced to death on Thursday by a special court for the Mumbai terror attacks, three days after he was pronounced guilty of mass murder and waging war against the Indian state.
The special anti-terror court of M.L. Tahaliyani handed death to Kasab, the lone surviving 26/11 gunman, a year after the trial in the brazen attacks commenced.
Kasab was given the death penalty on five counts including waging war against the nation, murder, criminal conspiracy and committing terror activities.
Asserting that Kasab’s role in the attacks that traumatised the nation fell under the rarest of rare category for giving death sentence, Public prosecutor Ujjwal Nikam had on Tuesday branded him as “a Pakistani killing machine” and a “heartless monster” who revelled in seeing innocent people dying in pain.
Kasab breaks down in court
Kasab, who hails from Fardikot in Pakistan, broke down after hearing the sentence.
As special judge M.L. Tahilyani was reading out the sentence, Kasab was seen sobbing. He asked for a glass of water during the pronouncement.
After the sentence was read out, the Judge explained to him in Hindi that he had been given death penalty on five counts and whether he wanted to say anything.
But the Pakistani gunman simply shook his head after which he was taken away by the police back to the Arthur Road jail.
The court had on May 3 held Kasab guilty under various sections of IPC, Arms Act, Explosives Substances Act, Explosives Act, Prevention of Damage to Public Property Act, Unlawful Activities Prevention Act, Customs Act and Foreigners Act.
Prosecution demands the death penalty
Making a strong pitch for capital punishment, Nikam had warned if he was awarded any less severe penalty, “India will become a soft target for every self-styled terror group“.
“There has been a high degree of cruelty and Kasab had total disregard for life. Kasab is a killing machine manufactured in Pakistan,” he had said.
Nikam had said Kasab had “lost the right to live” while defence counsel K.P. Pawar cited Kasab’s young age and pleaded for leniency. He contended that Kasab was “blinded by religion and should be given a chance to reform“.
Nikam had claimed that Kasab was in a “joyous” mood seeing people dying in pain and agony after opening indiscriminate fire at the bustling Chhatrapati Shivaji Terminus and elsewhere during the attacks.
“There was no remorse and he said in his confession before the magistrate that he wanted to inspire future fidayeens (suicide killers).
“If death is not awarded, it would be a mockery of justice,” Nikam had argued.
According to the prosecution, Kasab had expressed disappointment that he had landed at the CST after the rush hour. Kasab had anticipated a busier station, based on CDs he had been shown of CST before the attack.
The prosecution had also said that in his confession to the Mumbai police, Kasab had stated that he was upset that he could not kill more people at the station. At CST alone, Kasab killed close to 60 people in an hour with his partner, Abu Ismael.
Role of Pakistan
In his 1522-page verdict, the judge had also held that evidence adduced by the prosecution pointed a finger at Pakistan and established that the absconding accused, including LeT founder Hafiz Saeed and chief of operations Zaki-Ur-Rehman Lakhvi had plotted the attacks.
Barring a few minor charges pertaining to forgery and Unlawful Activities Prevention Act, Kasab was convicted of almost all 86 charges he was arraigned for.
The terrorist’s lawyer’s contention that the militancy in Kashmir and the Godhra riots had impacted a young and impressionable Kasab, who was emotionally disturbed, and his impassioned plea for leniency, failed to cut ice with the judge.
The court had acquitted two alleged Indian collaborators-Faheem Ansari and Sabauddin Ahmed-of the charge of conspiracy, saying there was lack of evidence against them.
The duo was charged with having prepared maps of terror targets and handed them over to the Lashkar-e-Taiba for execution of their sinister mission.
Ten terrorists from Pakistan had landed on the placid shores of Mumbai near Badhwar Park on the night of November 26, 2009 on a “Fidayeen” (suicide) mission to mount an attack unparallelled in audacity in virulence.
The special anti-terror court of M.L. Tahaliyani handed death to Kasab, the lone surviving 26/11 gunman, a year after the trial in the brazen attacks commenced.
Kasab was given the death penalty on five counts including waging war against the nation, murder, criminal conspiracy and committing terror activities.
Asserting that Kasab’s role in the attacks that traumatised the nation fell under the rarest of rare category for giving death sentence, Public prosecutor Ujjwal Nikam had on Tuesday branded him as “a Pakistani killing machine” and a “heartless monster” who revelled in seeing innocent people dying in pain.
Kasab breaks down in court
Kasab, who hails from Fardikot in Pakistan, broke down after hearing the sentence.
As special judge M.L. Tahilyani was reading out the sentence, Kasab was seen sobbing. He asked for a glass of water during the pronouncement.
After the sentence was read out, the Judge explained to him in Hindi that he had been given death penalty on five counts and whether he wanted to say anything.
But the Pakistani gunman simply shook his head after which he was taken away by the police back to the Arthur Road jail.
The court had on May 3 held Kasab guilty under various sections of IPC, Arms Act, Explosives Substances Act, Explosives Act, Prevention of Damage to Public Property Act, Unlawful Activities Prevention Act, Customs Act and Foreigners Act.
Prosecution demands the death penalty
Making a strong pitch for capital punishment, Nikam had warned if he was awarded any less severe penalty, “India will become a soft target for every self-styled terror group“.
“There has been a high degree of cruelty and Kasab had total disregard for life. Kasab is a killing machine manufactured in Pakistan,” he had said.
Nikam had said Kasab had “lost the right to live” while defence counsel K.P. Pawar cited Kasab’s young age and pleaded for leniency. He contended that Kasab was “blinded by religion and should be given a chance to reform“.
Nikam had claimed that Kasab was in a “joyous” mood seeing people dying in pain and agony after opening indiscriminate fire at the bustling Chhatrapati Shivaji Terminus and elsewhere during the attacks.
“There was no remorse and he said in his confession before the magistrate that he wanted to inspire future fidayeens (suicide killers).
“If death is not awarded, it would be a mockery of justice,” Nikam had argued.
According to the prosecution, Kasab had expressed disappointment that he had landed at the CST after the rush hour. Kasab had anticipated a busier station, based on CDs he had been shown of CST before the attack.
The prosecution had also said that in his confession to the Mumbai police, Kasab had stated that he was upset that he could not kill more people at the station. At CST alone, Kasab killed close to 60 people in an hour with his partner, Abu Ismael.
Role of Pakistan
In his 1522-page verdict, the judge had also held that evidence adduced by the prosecution pointed a finger at Pakistan and established that the absconding accused, including LeT founder Hafiz Saeed and chief of operations Zaki-Ur-Rehman Lakhvi had plotted the attacks.
Barring a few minor charges pertaining to forgery and Unlawful Activities Prevention Act, Kasab was convicted of almost all 86 charges he was arraigned for.
The terrorist’s lawyer’s contention that the militancy in Kashmir and the Godhra riots had impacted a young and impressionable Kasab, who was emotionally disturbed, and his impassioned plea for leniency, failed to cut ice with the judge.
The court had acquitted two alleged Indian collaborators-Faheem Ansari and Sabauddin Ahmed-of the charge of conspiracy, saying there was lack of evidence against them.
The duo was charged with having prepared maps of terror targets and handed them over to the Lashkar-e-Taiba for execution of their sinister mission.
Ten terrorists from Pakistan had landed on the placid shores of Mumbai near Badhwar Park on the night of November 26, 2009 on a “Fidayeen” (suicide) mission to mount an attack unparallelled in audacity in virulence.
Tuesday, May 4, 2010
Kasab, and Pakistan, guilty
The special judge, Mr M.L. Tahiliyani, pronounced the lone surviving 26/11 terrorist Ajmal Aamir Kasab guilty on almost all the 86 charges against him in a Mumbai courtroom packed to the rafters on Monday. The maximum punishment Kasab can get is death. However, the biggest surprise of the day came in the form of the acquittals of Indian co-accused Sabauddin Ahmed and Faheem Ansari.
In the 1,522-page verdict, the judge also held that evidence in the case pointed fingers at Pakistan.
The evidence also established that absconding accused, including Pakistan-based Lashkar-e-Tayyaba (LeT) commanders Hafeez Sayeed and Zaki-ur-Rehman Lakhvi were involved in the terror attacks, the judge said.
“Main tumko doshi paya hai kyun ki aapne desh ke khilaf jung kiya aur 166 logon ki jan li apne doston se milkar (I hold you guilty of waging war against the nation along with your associates and killing 166 people),” the judge told 22-year-old Kasab, from Faridkot village in Pakistan’s Punjab province.
The acquittal of Ansari and Ahmed did not go down well with the crime branch, which is all set to appeal against the order in a higher court, senior crime branch officers told this newspaper. “The order is not convincing and we shall appeal against it after we get a detailed written order,” said ACP (crime) Deven Bharti. “Our case was very strong and we had enough evidence to prove our charges... and we did not expect acquittals,” he said. Clad in a white kurta-pyjama, Kasab arrived at 12.15 pm. The other two accused, who arrived minutes before Kasab, looked unperturbed.
The judge began by pronouncing the judgment with details of tables and the particulars of the charges under which Kasab was held guilty. Addressing the special public prosecutor, Mr Ujjwal Nikam, said it was not possible for him to read out the entire 1,522-page judgment.
The judge gave detailed reasons about why the accused was held guilty not only for murder of seven persons but of conspiracy, waging war against the nation and murder of all the 166 victims.
The judge told defence advocate, Mr K.P. Pawar, to prepare his argument on the quantum of punishment for Kasab by Tuesday.
In the 1,522-page verdict, the judge also held that evidence in the case pointed fingers at Pakistan.
The evidence also established that absconding accused, including Pakistan-based Lashkar-e-Tayyaba (LeT) commanders Hafeez Sayeed and Zaki-ur-Rehman Lakhvi were involved in the terror attacks, the judge said.
“Main tumko doshi paya hai kyun ki aapne desh ke khilaf jung kiya aur 166 logon ki jan li apne doston se milkar (I hold you guilty of waging war against the nation along with your associates and killing 166 people),” the judge told 22-year-old Kasab, from Faridkot village in Pakistan’s Punjab province.
The acquittal of Ansari and Ahmed did not go down well with the crime branch, which is all set to appeal against the order in a higher court, senior crime branch officers told this newspaper. “The order is not convincing and we shall appeal against it after we get a detailed written order,” said ACP (crime) Deven Bharti. “Our case was very strong and we had enough evidence to prove our charges... and we did not expect acquittals,” he said. Clad in a white kurta-pyjama, Kasab arrived at 12.15 pm. The other two accused, who arrived minutes before Kasab, looked unperturbed.
The judge began by pronouncing the judgment with details of tables and the particulars of the charges under which Kasab was held guilty. Addressing the special public prosecutor, Mr Ujjwal Nikam, said it was not possible for him to read out the entire 1,522-page judgment.
The judge gave detailed reasons about why the accused was held guilty not only for murder of seven persons but of conspiracy, waging war against the nation and murder of all the 166 victims.
The judge told defence advocate, Mr K.P. Pawar, to prepare his argument on the quantum of punishment for Kasab by Tuesday.
Monday, May 3, 2010
‘We had to protect Kasab from within the police dept.’
Mumbai police authorities had to protect Pakistani gunman Ajmal Kasab not only from an angry public, but also from within the police department, Anti-Terrorism Squad (ATS) chief Rakesh Maria said on Monday.
Mr. Maria, who was Joint Commissioner (Crime) at the time of the Mumbai terror attacks, supervised the investigation, as well as security measures for the 26/11 trial.
“There was a lot of public anger... the department had lost some of the best officers (during the attack), so we had to protect Kasab from within the department because there was anger in department also,” Mr. Maria said.
The special court here is expected to declare the verdict in the 26/11 trial on Monday.
Mr. Maria, who was Joint Commissioner (Crime) at the time of the Mumbai terror attacks, supervised the investigation, as well as security measures for the 26/11 trial.
“There was a lot of public anger... the department had lost some of the best officers (during the attack), so we had to protect Kasab from within the department because there was anger in department also,” Mr. Maria said.
The special court here is expected to declare the verdict in the 26/11 trial on Monday.
Sunday, April 11, 2010
PM to discuss Headley, Iran with US
ndia's Prime Minister Manmohan Singh on Sunday began a four-day visit to the US to attend the 42-nation Nuclear Security Summit that will focus on nuclear security and his first bilateral meeting with President Barack Obama since they met in November last year.
Manmohan Singh was warmly welcomed at Andrews Air Force base by White House chief of protocol Capricia Marshall. India's ambassador to the US Meera Shankar, along with senior officials, was also present to welcome the prime minister.
Besides the first-ever Nuclear Security Summit, a pet project of Obama designed to secure all loose nuclear material within four years, Manmohan Singh will have a packed schedule of bilateral meetings with the leaders of the US, France and Canada.
There is no sign, however, of any bilateral meeting between Manmohan Singh and Pakistan Prime Minister Yousaf Raza Gilani who has also been invited for the nuclear summit.
In their first bilateral meeting since Obama hosted maiden state dinner of his administration for Manmohan Singh in November last year, the two leaders on Sunday are set to discuss a cluster of issues that are of pressing concern to them.
With the US hedging on extraditing David Coleman Headley, a key plotter of 26/11 attacks, to India, Manmohan Singh is expected to raise the issue that has revived misgivings about the US' intentions among a section of the political establishment back home.
India has been pitching for full access to Headley, an American-Pakistani Lashkar-e-Taiba operative who has confessed to his role in plotting the 26/11 carnage, but the US has cited intricate legal procedures, saying it has yet to make a decision on it.
The Headley issue will be discussed in greater detail when National Security Adviser Shivshankar Menon meets his American counterpart Gen (Retd) James Jones.
"We will keep pushing...This will be one of the issues...We'll use every occasion to seek access (to Headley)," sources said.
With an agreement sealed on a pact on reprocessing spent fuel, the two leaders will also appraise remaining steps required to implement the landmark India-US nuclear deal.
Manmohan Singh is likely to assure Obama that his government is determined to push the civil nuclear liability law through the Indian parliament that has attracted pointed hostility from India's opposition parties.
Under the 123 bilateral agreement, enacting a civil nuclear liability legislation is a key obligation India is required to fulfil before nuclear companies of the two countries can resume nuclear business.
As their meeting takes place a day ahead of the nuclear summit, the two leaders are set to discuss issues relating to evolving global nuclear architecture and nuclear terrorism that is expected to be the focus of the summit.
In his intervention at the summit, Manmohan Singh is expected to highlight the persistent dangers of illicit nuclear proliferation in India's neighbourhood and the role of Pakistan's A.Q. Khan network, dubbed as illicit nuclear Wal-Mart, in creating a fragile nuclear security situation in the region.
There are, however, potential areas of dissonance when the two leaders pick up threads on issues relating to Afghanistan and Pakistan when they met in November last year.
Obama is likely to enlist India's support for a renewed drive to impose fresh sanctions against Iran. But given the domestic sensitivity of the issue, Manmohan Singh is expected to reiterate India's position on dialogue and diplomacy as the best option to resolve the Iranian nuclear impasse.
Manmohan Singh was warmly welcomed at Andrews Air Force base by White House chief of protocol Capricia Marshall. India's ambassador to the US Meera Shankar, along with senior officials, was also present to welcome the prime minister.
Besides the first-ever Nuclear Security Summit, a pet project of Obama designed to secure all loose nuclear material within four years, Manmohan Singh will have a packed schedule of bilateral meetings with the leaders of the US, France and Canada.
There is no sign, however, of any bilateral meeting between Manmohan Singh and Pakistan Prime Minister Yousaf Raza Gilani who has also been invited for the nuclear summit.
In their first bilateral meeting since Obama hosted maiden state dinner of his administration for Manmohan Singh in November last year, the two leaders on Sunday are set to discuss a cluster of issues that are of pressing concern to them.
With the US hedging on extraditing David Coleman Headley, a key plotter of 26/11 attacks, to India, Manmohan Singh is expected to raise the issue that has revived misgivings about the US' intentions among a section of the political establishment back home.
India has been pitching for full access to Headley, an American-Pakistani Lashkar-e-Taiba operative who has confessed to his role in plotting the 26/11 carnage, but the US has cited intricate legal procedures, saying it has yet to make a decision on it.
The Headley issue will be discussed in greater detail when National Security Adviser Shivshankar Menon meets his American counterpart Gen (Retd) James Jones.
"We will keep pushing...This will be one of the issues...We'll use every occasion to seek access (to Headley)," sources said.
With an agreement sealed on a pact on reprocessing spent fuel, the two leaders will also appraise remaining steps required to implement the landmark India-US nuclear deal.
Manmohan Singh is likely to assure Obama that his government is determined to push the civil nuclear liability law through the Indian parliament that has attracted pointed hostility from India's opposition parties.
Under the 123 bilateral agreement, enacting a civil nuclear liability legislation is a key obligation India is required to fulfil before nuclear companies of the two countries can resume nuclear business.
As their meeting takes place a day ahead of the nuclear summit, the two leaders are set to discuss issues relating to evolving global nuclear architecture and nuclear terrorism that is expected to be the focus of the summit.
In his intervention at the summit, Manmohan Singh is expected to highlight the persistent dangers of illicit nuclear proliferation in India's neighbourhood and the role of Pakistan's A.Q. Khan network, dubbed as illicit nuclear Wal-Mart, in creating a fragile nuclear security situation in the region.
There are, however, potential areas of dissonance when the two leaders pick up threads on issues relating to Afghanistan and Pakistan when they met in November last year.
Obama is likely to enlist India's support for a renewed drive to impose fresh sanctions against Iran. But given the domestic sensitivity of the issue, Manmohan Singh is expected to reiterate India's position on dialogue and diplomacy as the best option to resolve the Iranian nuclear impasse.
Thursday, April 8, 2010
Lakhvi wants use of Kasab’s confession barred
Lashker-e-Taiba ‘commander’ Zakiur Rehman Lakhvi, facing trial with six others for his alleged involvement in the Mumbai attacks, has filed a petition in Pakistan’s Supreme Court asking it to bar the prosecution from using Ajmal Amir Kasab’s confessional statement against him.
The petition was filed by Lakhvi’s counsel in the Lahore Registry of the Supreme Court on Wednesday. It asked the Supreme Court to bar the prosecution from using Kasab’s confession to Indian authorities against Lakhvi in the trial in the Rawalpindi-based anti-terror court.
It could not immediately be ascertained when and if the petition would be taken up by the Supreme Court.
Lakhvi’s counsel Khwaja Sultan claimed the prosecution had not levelled “any allegation” against his client about his “connection or interaction” with any of the co-accused and persons allegedly involved in the Mumbai attacks of November 2008.
“The investigation of the case is based on the alleged confession of Kasab, who is in Indian custody,” Mr. Sultan said.
Though three charge sheets were filed by the prosecution, no witness had supported Kasab’s statement and Lakhvi was not “accused of giving training to the terrorists involved in the attack,” he added.
“The prosecution, in its challan (charge sheet), maintained that the petitioner was commander of the Lashkar-e-Taiba but could not establish his link with the Mumbai attacks’ accused. Under article 43 of Qanoon-i-Shahadat Order (Pakistan’s law of testimony), a confessional statement of an accused can only be used against his co-accused if they are being tried jointly,” Mr. Sultan said.
Mr. Sultan further claimed that Kasab’s name was never mentioned in the ‘challans’ submitted against Lakhvi.
“Therefore the statement of Kasab cannot be used against Lakhvi,” he said.
Lakhvi and six others — Zarar Shah, Abu al-Qama, Hamad Amin Sadiq, Shahid Jamil Riaz, Jamil Ahmed and Younas Anjum — are being tried for planning and facilitating the Mumbai attacks.
The prosecution has said that Lakhvi’s lawyers are causing “unnecessary hindrances” in the trial by filing petitions in higher courts. The hearings in the anti-terror court have often been affected by these petitions.
The petition was filed by Lakhvi’s counsel in the Lahore Registry of the Supreme Court on Wednesday. It asked the Supreme Court to bar the prosecution from using Kasab’s confession to Indian authorities against Lakhvi in the trial in the Rawalpindi-based anti-terror court.
It could not immediately be ascertained when and if the petition would be taken up by the Supreme Court.
Lakhvi’s counsel Khwaja Sultan claimed the prosecution had not levelled “any allegation” against his client about his “connection or interaction” with any of the co-accused and persons allegedly involved in the Mumbai attacks of November 2008.
“The investigation of the case is based on the alleged confession of Kasab, who is in Indian custody,” Mr. Sultan said.
Though three charge sheets were filed by the prosecution, no witness had supported Kasab’s statement and Lakhvi was not “accused of giving training to the terrorists involved in the attack,” he added.
“The prosecution, in its challan (charge sheet), maintained that the petitioner was commander of the Lashkar-e-Taiba but could not establish his link with the Mumbai attacks’ accused. Under article 43 of Qanoon-i-Shahadat Order (Pakistan’s law of testimony), a confessional statement of an accused can only be used against his co-accused if they are being tried jointly,” Mr. Sultan said.
Mr. Sultan further claimed that Kasab’s name was never mentioned in the ‘challans’ submitted against Lakhvi.
“Therefore the statement of Kasab cannot be used against Lakhvi,” he said.
Lakhvi and six others — Zarar Shah, Abu al-Qama, Hamad Amin Sadiq, Shahid Jamil Riaz, Jamil Ahmed and Younas Anjum — are being tried for planning and facilitating the Mumbai attacks.
The prosecution has said that Lakhvi’s lawyers are causing “unnecessary hindrances” in the trial by filing petitions in higher courts. The hearings in the anti-terror court have often been affected by these petitions.
Thursday, April 1, 2010
26/11 trial ends, verdict on May 3
Marking an end to the year-long 26/11 trial, the special sessions court here on Wednesday announced May 3, 2010, as “the day of judgment.” Judge M.L. Tahaliyani announced the date after the defence lawyer for the third and last accused, Sabahuddin Ahmed, concluded his final arguments.
On May 3, the court will give its verdict on the various charges against Mohammad Ajmal Amir Kasab, and co-accused Fahim Ansari and Sabahuddin. The recording of the judgment will be done in April.
“May 3 ko faisla hoga aapka [Verdict will be pronounced for you on May 3],” Mr. Tahaliyani informed Kasab, who appeared unmoved by the announcement. He did not interact with his lawyer K.P. Pawar on Wednesday and has not done so in a long time.
Speaking to The Hindu over phone, Mr. Pawar said, “I have tried to put my case successfully. I have submitted my arguments in writing. So, there is no fear of leaving anything out. My work was to show the improbability of evidence, which I have done. I am satisfied with my arguments on all accounts. It would be inappropriate for me to comment on my expectations at this point.”
A total of 86 charges have been framed in the case. The three accused face charges of waging war, criminal conspiracy and those under sections of the Unlawful Activities (Prevention) Act among others.
The trial which began on April 15 last year had 191 hearings during which 653 witnesses were examined by the prosecution. The final arguments began on March 9 and lasted through the month with the prosecution laying out its case over a span of 11 days.
Sabahuddin's lawyer Ejaz Naqvi said his client was “innocent” and should be given the benefit of doubt. He said the prosecution had not brought anything on record to prove that Nuruddin Mehboob Shaikh, the only eyewitness against his client, had ever been to Kathmandu, in Nepal. He termed the witness “bogus.”
He blamed the prosecution for remaining silent on the role of American terror operative David Coleman Headley. “The prosecution spoke about the historic depositions by the FBI [Federal Bureau of Investigations], but there is nothing on what the FBI has investigated about Headley.”
The court said that since Headley was in the FBI custody, he was not its lookout. “At present we can't discuss these things. The Home Ministry is doing what it wants to do,” Mr. Tahaliyani said.
As for the map, which Sabahuddin allegedly conveyed to the Lashkar-e-Taiba, Mr. Naqvi said Kasab and his partner Abu Ismail's movements in the city are not as per the directions of the handmade sketch. Referring to Kasab's confession where he names Sabahuddin, Mr. Naqvi said since all the trainees were assigned different aliases, Sabahuddin could be anybody, other than his client.
The court expressed its displeasure over Mr. Naqvi's seemingly tenuous arguments, which had the courtroom in splits on certain occasions. When they were concluded, Mr. Tahaliyani told Mr. Naqvi, “I thought you would present serious arguments. I am disappointed.”
Mr. Tahaliyani posed four queries to the prosecution. It emerged from Special Public Prosecutor Ujjwal Nikam's replies to them that the investigators had not taken any steps to verify Nuruddin Shaikh's visit to Kathmandu. The map which was recovered from Ismail's pocket was not examined for bloodstains and for traces of Ismail's DNA.
Asked if the handmade sketch would have served the purpose of navigation better than what was already available, Mr. Nikam answered it was difficult to establish what went on in the minds of the Lashkar handlers.
On May 3, the court will give its verdict on the various charges against Mohammad Ajmal Amir Kasab, and co-accused Fahim Ansari and Sabahuddin. The recording of the judgment will be done in April.
“May 3 ko faisla hoga aapka [Verdict will be pronounced for you on May 3],” Mr. Tahaliyani informed Kasab, who appeared unmoved by the announcement. He did not interact with his lawyer K.P. Pawar on Wednesday and has not done so in a long time.
Speaking to The Hindu over phone, Mr. Pawar said, “I have tried to put my case successfully. I have submitted my arguments in writing. So, there is no fear of leaving anything out. My work was to show the improbability of evidence, which I have done. I am satisfied with my arguments on all accounts. It would be inappropriate for me to comment on my expectations at this point.”
A total of 86 charges have been framed in the case. The three accused face charges of waging war, criminal conspiracy and those under sections of the Unlawful Activities (Prevention) Act among others.
The trial which began on April 15 last year had 191 hearings during which 653 witnesses were examined by the prosecution. The final arguments began on March 9 and lasted through the month with the prosecution laying out its case over a span of 11 days.
Sabahuddin's lawyer Ejaz Naqvi said his client was “innocent” and should be given the benefit of doubt. He said the prosecution had not brought anything on record to prove that Nuruddin Mehboob Shaikh, the only eyewitness against his client, had ever been to Kathmandu, in Nepal. He termed the witness “bogus.”
He blamed the prosecution for remaining silent on the role of American terror operative David Coleman Headley. “The prosecution spoke about the historic depositions by the FBI [Federal Bureau of Investigations], but there is nothing on what the FBI has investigated about Headley.”
The court said that since Headley was in the FBI custody, he was not its lookout. “At present we can't discuss these things. The Home Ministry is doing what it wants to do,” Mr. Tahaliyani said.
As for the map, which Sabahuddin allegedly conveyed to the Lashkar-e-Taiba, Mr. Naqvi said Kasab and his partner Abu Ismail's movements in the city are not as per the directions of the handmade sketch. Referring to Kasab's confession where he names Sabahuddin, Mr. Naqvi said since all the trainees were assigned different aliases, Sabahuddin could be anybody, other than his client.
The court expressed its displeasure over Mr. Naqvi's seemingly tenuous arguments, which had the courtroom in splits on certain occasions. When they were concluded, Mr. Tahaliyani told Mr. Naqvi, “I thought you would present serious arguments. I am disappointed.”
Mr. Tahaliyani posed four queries to the prosecution. It emerged from Special Public Prosecutor Ujjwal Nikam's replies to them that the investigators had not taken any steps to verify Nuruddin Shaikh's visit to Kathmandu. The map which was recovered from Ismail's pocket was not examined for bloodstains and for traces of Ismail's DNA.
Asked if the handmade sketch would have served the purpose of navigation better than what was already available, Mr. Nikam answered it was difficult to establish what went on in the minds of the Lashkar handlers.
Tuesday, March 9, 2010
26/11 final arguments today
The final arguments in the trial of 26/11 terror attack case accused Ajmal Kasab will begin on Tuesday in a special court here with the prosecution expected to focus on countering the stand taken by him that he is not a terrorist and was being framed by police.
With Kasab's lawyer K.P. Pawar is likely to stress on his statement in the court that he had come from Pakistan by Samjhauta Express as a tourist to Delhi and from there arrived in Mumbai a few days before the attacks, the prosecution led by Ujjwal Nikam would be putting forward arguments to disapprove the claims.
Special Public Prosecutor Nikam would also have to demolish Kasab's stand that he was not injured in police encounter and that the injury sustained by him in his hand was inflicted by police to implicate him in the crime.
The prosecution's case is that Kasab had sailed from Karachi along with nine terrorists in a boat and midway they hijacked Indian fishing trawler Kuber by which they arrived near Mumbai coast. They were carrying a dingy (rubber boat) with the help of which they landed on the shores of the city.
After landing in Mumbai the terrorists, in pairs of two and four, fanned out to different areas and shot at people in Hotel Taj, Hotel Trident, Leopold Cafe, Nariman House, CST and Cama hospital, killing 166 persons and injuring many others.
Kasab has disputed prosecution's charge that he and other terrorists had opened fire with AK-47 rifles and told the court that he had never seen such a weapon.
With Kasab's lawyer K.P. Pawar is likely to stress on his statement in the court that he had come from Pakistan by Samjhauta Express as a tourist to Delhi and from there arrived in Mumbai a few days before the attacks, the prosecution led by Ujjwal Nikam would be putting forward arguments to disapprove the claims.
Special Public Prosecutor Nikam would also have to demolish Kasab's stand that he was not injured in police encounter and that the injury sustained by him in his hand was inflicted by police to implicate him in the crime.
The prosecution's case is that Kasab had sailed from Karachi along with nine terrorists in a boat and midway they hijacked Indian fishing trawler Kuber by which they arrived near Mumbai coast. They were carrying a dingy (rubber boat) with the help of which they landed on the shores of the city.
After landing in Mumbai the terrorists, in pairs of two and four, fanned out to different areas and shot at people in Hotel Taj, Hotel Trident, Leopold Cafe, Nariman House, CST and Cama hospital, killing 166 persons and injuring many others.
Kasab has disputed prosecution's charge that he and other terrorists had opened fire with AK-47 rifles and told the court that he had never seen such a weapon.
Monday, March 1, 2010
26/11: Pak court fixes March 6 for next hearing
The anti-terrorism court in Rawalpindi also reportedly issued notices asking some prosecution witnesses to be present at the next hearing
A Pakistani court conducting the trial of seven suspects, including Lashker-e-Taiba commander Zakiur Rehman Lakhvi, charged with planning and facilitating the Mumbai attacks on Monday scheduled the next hearing of the case for March 6.
Sources said Monday’s hearing was a mere formality as the last hearing, scheduled for February 27, was not held as it coincided with the holiday marking Prophet Muhammad’s birth.
“The judge scheduled the next hearing for March 6,” Shahbaz Rajput, a lawyer representing some of the accused, said.
Sources said the anti-terrorism court in Rawalpindi also issued notices asking some prosecution witnesses to be present at the next hearing.
The trial is being conducted by judge Malik Muhammad Akram Awan within the heavily guarded Adiala Jail for security reasons.
The seven accused — Lakhvi, Zarar Shah, Abu al-Qama, Hamad Amin Sadiq, Shahid Jamil Riaz, Jamil Ahmed and Younas Anjum — are being held in the same prison.
They were last year formally charged with planning and helping execute the assault on India’s financial hub in November 2008 that killed nearly 166 people.Friday, February 19, 2010
India to raise 26/11 probe status with Pakistan
Just a week ahead of the meeting between Foreign Secretaries of India and Pakistan, Home Minister P. Chidambaram on Friday said issues relating to the probe into 26/11 attacks will be taken up during the parleys.
Noting that the “specific issues” to be taken up during the discussions were being finalised by the Indian side, he said the ministry would like “pending issues” concerning the 26/11 case and investigation also to be part of it.
Foreign Secretary Nirupama Rao will be meeting her Pakistani counterpart Salman Bashir here on February 25 with India making it clear that terror will be on top of its agenda.
Seeking access to Headley
In an interaction with women journalists, the Home Minister also said his ministry would go through the legal process to seek access to Pakistani-American LeT operative David Headley, now lodged in a Chicago jail.
Asked if FBI was holding back some crucial information from the Indian government as was being suggested by some reports, Mr. Chidambaram said, “Well, I don’t know. All I can say is FBI has shared vital information. If they are holding back any information, there is no way my knowing that they are holding back any information.
“And as far as access to Headley is concerned. Our position remains the same that we will go through legal process to seek access to David headley.”
Mr. Chidambaram also indicated that he would be attending the SAARC home ministers' meeting in Islamabad.
“If and when it is held, the present position of the government is that we are attending,” he said.
The meeting scheduled this month was postponed at Nepal's request.
Noting that the “specific issues” to be taken up during the discussions were being finalised by the Indian side, he said the ministry would like “pending issues” concerning the 26/11 case and investigation also to be part of it.
Foreign Secretary Nirupama Rao will be meeting her Pakistani counterpart Salman Bashir here on February 25 with India making it clear that terror will be on top of its agenda.
Seeking access to Headley
In an interaction with women journalists, the Home Minister also said his ministry would go through the legal process to seek access to Pakistani-American LeT operative David Headley, now lodged in a Chicago jail.
Asked if FBI was holding back some crucial information from the Indian government as was being suggested by some reports, Mr. Chidambaram said, “Well, I don’t know. All I can say is FBI has shared vital information. If they are holding back any information, there is no way my knowing that they are holding back any information.
“And as far as access to Headley is concerned. Our position remains the same that we will go through legal process to seek access to David headley.”
Mr. Chidambaram also indicated that he would be attending the SAARC home ministers' meeting in Islamabad.
“If and when it is held, the present position of the government is that we are attending,” he said.
The meeting scheduled this month was postponed at Nepal's request.
Monday, January 25, 2010
Rana to be arraigned in court today
Pakistani-Canadian LeT operative Tahawwur Hussain Rana, indicted for involvement in the Mumbai attacks, is set to appear in a court here today to respond to the charges against him.
Forty nine-year-old Rana will be arraigned before U.S. Magistrate Judge Arlander Keys in the District Court in Northern District of Illinois, according to the U.S. Attorney’s Office.
The arraignment of the co-accused in the case, Pakistani-American David Coleman Headley, has been set for January 27.
Headley and Rana, both of whom were based in Chicago, were indicted by a federal grand jury on January 14 on charges of being involved in the Mumbai attacks and planning a terror strike against a Danish newspaper.
The 12-count superseding indictment contained the identical charges that were filed against Headley on December 7 while adding Rana as a defendant in three counts charging material support of the terrorism plots in Denmark and India, as well as support to the terrorist organisation Lashkar-e-Taiba.
Ilyas Kashmiri, a Pakistan-based terrorist linked to al-Qaeda, and Abdur Rehman Hashim Syed, a retired major in the Pakistani military, were also indicted along with Headley and Rana.
Headley, who the government says is cooperating in the terror investigation, had in December last year pleaded not guilty to the charges filed against him.
Rana, in custody since his arrest last year, has been making desperate attempts to be released on bail while federal prosecutors are opposed to this and fear that he may flee.
Rana, in his bail plea, argued that he is a Pakistani army deserter and if he flees the US, he will be forced to live as an “international fugitive“.
A status hearing scheduled last week for Rana’s appeal of detention was cancelled and has not yet been rescheduled
Monday, January 18, 2010
All terrorists who stormed Taj Hotel were Indians: Kasab
Continuing his flip-flop, Pakistani gunman Ajmal Kasab on Monday told a special court trying the 26/11 attacks case that all the four terrorists who stormed Taj hotel were Indians.
Kasab, whose statement is being recorded by the court on evidences adduced by the prosecution, told Special Judge M.L. Tahaliyani that while one of the terrorists of the Taj hotel siege was a Kashmiri, another was from Gujarat.
Kasab claimed the third terrorist at Taj was Abu Ismail from Mumbai. According to prosecution, Ismail was gunned down at Girgaum Chowpatty by the police in an encounter when he along with Kasab was trying to escape. He, however, did not elaborate on the identity of the fourth terrorist at the Taj.
The Pakistani terrorist has been making conflicting statements in the court.
While at one point Kasab confessed to his guilt and admitted having shot people at Chhatrapati Shivaji Terminus along with Abu Ismail before being captured at Girgaum Chowpatty, he later denied any involvement in the terror strikes.
Kasab's claim came when Judge Tahaliyani wanted to know if he had anything to say about the slain terrorists who had been identified by eyewitnesses.
When the Judge asked how he knew that Abu Ismail was from Mumbai, Kasab said, “I can make out from his face.”
After having initially confessed to his guilt, Kasab had recently denied involvement and told the court that he had come to India from Pakistan by Samjhauta Express several days before the 26/11 carnage and was picked up from Girgaum Chowpatty by police a day before the terror attacks.
Later, speaking to reporters outside the court, Special Public Prosecutor Ujjwal Nikam described Kasab's claim as “absurd and concocted.”
“Kasab's claim is absurd and concocted. He has been taking frequent U-turns and this is one of those. This will in no way weaken the prosecution's case against him," Mr. Nikam said.
