The Mumbai Police’s case against Ajmal Amir Kasab in the 26/11 terror attacks has received a minor setback as the special court conducting the trial has rejected the prosecution’s claim that the assault on Mumbai was part of a jehadi plan to liberate Kashmir. The claim was part of the charges that were framed on May 6 against Kasab, the two alleged Lashkar-e-Toiba accomplices from India, and the 35 wanted Pakistani nationals. It was rejected on the same day by Special Judge M L Tahilyani, but was communicated to the defence only on Wednesday. Reasons for the court’s decision were not immediately known.

On April 20, Special Public Prosecutor Ujjwal Nikam, while submitting the draft charges, had argued that all the acts committed by the accused and wanted accused were part of a criminal conspiracy hatched in Pakistan to commit murder, wage war against the Indian Government, and to topple the state administration with a view to capture Jammu and Kashmir. The prosecution had said the accused had hatched a conspiracy in Pakistan to wage a war against the nation, to attack territorial integrity of India and/or to capture Kashmir by attacking major cities of India.

While framing the 86 charges against Kasab and other accused, the court had not accepted the plea. However, the court framed charges under Section 121 (waging war against the nation) under the Indian Penal Code. The charge, if proved, could lead to death penalty.

The prosecution charge was also based on the confessional statement of Kasab which the prosecution had quoted in court saying, “Amir Hafeez Saeed told all Mujahideen that they have to fight to free Kashmir. At that time, Zaki-Ur-Rehman Lakhvi told us that this was the time for war. He said that our community has been fighting for Kashmir for 15 years.”

... contd.