Kasab not given fair trial: Amicus curiae to Supreme Court

Mohammad Ajmal Amir Kasab, the sole convict in the 26/11 Mumbai terror attack case today contended before the Supreme Court that he was not given a free and fair trial in the case.

Senior Advocate, Raju Ramachandran, who has been appointed as amicus curiae by the Apex Court so as to defend Kasab, told a bench headed by Justice Aftab Alam that he was not a part of the conspiracy for waging war against the nation.

Ramachandran said that even if he is guilty for murder under Section 302 of IPC and other provisions, it cannot be said that he was a part of the larger conspiracy of waging war.

Maintaining that the prosecution has failed to prove the case against him beyond doubts. He told the bench that his right against self incrimination as well as his right to get himself adequately represented by a counsel to defend himself in the case have been violated during the trial of the case.

The Apex Court later on October 10, last year stayed the death sentence of the 24-year-old Kasab, the lone surviving gunman involved in the 2008 Mumbai attack.

In the Special Leave Petition filed by Mr Kasab, challenging the Bombay High Court decision has claimed that he was brainwashed like a robot into committing in the shocking crime in the name of god and that he does not deserve capital punishment owing to his young age.

Kasab had been lodged in a prison in Mumbai and had moved the SLP through the jail authorities. Through this petition he had challenged his conviction and death sentence in the terror attack case.

Kasab along with nine other Pakistani terrorists had arrived at Bhudwar Park in South Mumbai on November 26, 2008 night from Karachi by sea and had gone on a shooting spree at various landmark places leaving behin 166 people dead and many more wounded.

While Kasab was captured, all the other terrorists were killed in the attack. He was sentenced to death by a special anti-terror court on May 6 last year.

The Bombay High Court had on February 21, 2011 upheld the verdict of the trial court order of death sentence of Kasab.

Kasab's death penalty was upheld on charges of criminal conspiracy, waging war against the nation and various other provisions of the Indian Penal Code and the Unlawful Activities (Prevention) Act.

Reported by

     AR