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Hours after she took Kasab case, Sena attack forces lawyer to withdraw

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  • Hours after she said she was “confident” and had “taken the right decision” by agreeing to defend Ajmal Amir Kasab, the lone terrorist captured alive during the 26/11 Mumbai terror attacks, Anjali Waghmare, a government legal aid panel lawyer and the wife of a city policeman, said she would withdraw from the case following a violent protest outside her house late tonight.

    Waghmare’s turnaround came after hundreds of protesters, mostly Shiv Sainiks, gathered outside the police housing complex in Worli and shouted slogans against her for agreeing to take the case. Some even threw stones at her building but the mob could not reach her house inside the compound. “No one is hurt but I have decided to withdraw,” Waghmare told The Indian Express on the phone.

    If the special court appointed to try Kasab allows her to withdraw, she would be the second to do so. In December, a local lawyer, Dinesh Mota, had been selected to represent Kasab but he withdrew at the last minute citing personal ethics and said he was even willing to risk his licence than defend Kasab.

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    Earlier in the day, Special Judge M L Tahilyani had picked 40-year-old Waghmare, the mother of a child, from among seven lawyers who had been shortlisted from the 17-member state legal aid panel. The court had also said that the trial would now start on April 6 at a special court being set up inside the Arthur Road jail.

    A law graduate from Pune’s Symbiosis University, Waghmare began her career in 1996 and has been on the state legal aid panel for 12 years, conducting murder trials. After her appointment, she had said: “I am confident of myself and, being an Indian citizen, have taken the right decision by accepting the case as, legally, Kasab cannot be tried without legal representation.” She has appeared in several important cases such as the fake stamp paper case and in a few hearings for 1993 blasts accused Karimulla, a close aide of extradited gangster Abu Salem.

    She lives with her husband Ramesh Waghmare — an Assistant Police Inspector who was with the Economic Offences wing until recently and is now with the Protection branch of the Mumbai Police — and their child in the Worli police quarters. Contacted on the phone after her appointment, Ramesh Waghmare had said: “This is a different matter. I don’t want to comment.”

    Originally from Pune, Waghmare has mostly practised as a criminal lawyer at the session’s court. Asked what made her agree to appear for Kasab after other lawyers had withdrawn their vakalatnamas, she had said: “There were many aspects which made me take up the case. I had detailed discussions with my husband and other family members, relatives and friends and decided to take up the case.”

    “I haven’t met Kasab yet. Neither have I gone through the voluminous chargesheet of the case. Today was the first time when I was introduced to Kasab and my first interaction with him will only be on April 6, the date when I meet him personally at Arthur Road,” she said.

    “Since the chargesheet is so voluminous, the court has directed that I be assisted by another lawyer which will make things a little easy for me.” At the same time, she said the media must “convey the right message to the people” that she agreed to represent Kasab to “assist the court and carry out justice for the citizens and the accused.”

    With the appointment of Waghmare who is fluent in English, Hindi and Marathi, the court made it clear that Kasab would not be given a copy of the chargesheet in Marathi. Judge Tahilyani informed Kasab, while he was being produced through vide-conferencing, that “your lawyer knows English and Marathi, so there is no question of an Urdu chargesheet... if at all any briefing is required you can give it to her on the next date.”

    The court named K P Pawar, also a lawyer on the legal aid panel, to assist Waghmare during the trial. Waghmare will be given legal fees of Rs 900 for appearing on behalf of the state legal aid department for Kasab.

    HANG HIMBy: LALITH BHANSAL | 31-Mar-2009 Reply | Forward FIRST LET THEM PROBE THE INTELLIGENCE FAILURE OF THE STATE AND CENTRAL GOVERNMENT ON THE MUMBAI ATTACK BOTH BEING RULED BY CONGRESS. ANY LAWYER WHO WANTS TO APPEAR FOR KASAB WILL HAVE THE SAME FATE WHAT IS THERE TO ARGUE IF ALL DETAILS AND EVIDENCE HAS BEEN COLLECTED FROM HIM PUBLICLY HANG HIM THAT WILL BE A LESSON TO OTHERS.
    Get over your emotionsBy: Paul | 01-Apr-2009 Reply | Forward This is a democracy you moron!!!!.Even criminal has a right to have attorney. Go check other western countries. Even gitmo prisoners are getting civil lawyers in america. Get over your emotions. Who told you that democracy is easy to handle. What is the difference between you and the taliban who publicaly shot or cut criminals throat.
    connetionsBy: Jinder | 31-Mar-2009 Reply | Forward If Kasab had connections with the Thackeray family like Sunjay Dutt, he might have gotten away
    People's judgementBy: Naveed | 31-Mar-2009 Reply | Forward Why we are treating this terrorist as a VIP? with all sort of security, media attention, allowing lawyers to defend? Ask the victims dear ones (both hindus and muslims) they will give the judgement.
    Terrorist is getting the treatment for the sake of Justice in IndiaBy: Giri | 31-Mar-2009 Reply | Forward HiKasab is the lone surviving terrorist and we want to render Justice that he denied his victims. He is getting the treatment because he is in the judicial process. I believe it is high time the case is transferred away from Mumbai. There is no chance of justice to Kasab in Mumbai. I too feel that he has to get the maximum punishment, may be death penalty. But it has to be after the complete judicial process. We owe this not to Kasab but to the entire world.
    Kasab'd defenseBy: Naim Naqvi | 31-Mar-2009 Reply | Forward Irrespective of the final decision Mrs. Waghmare takes about her pursuing the case of Kasab it clear to everyone that she was going to defend the indefensible. There is nothing much to argue and the trial is merely a formality. She has not taken up Kasab case like Ram Jetjmalani's usual adventures. She was going to take up the case at the behest of Maharashtra government. Fanaticism is not based on reason and these organizations are devoid of reason. They are pretending to be ignorant of national and international laws. They don't want to miss any chance to come into lime-light even for all the silly reasons. Little wonder Advani Ji wants a debate with the P.M ! Indian Judiciary can't carry forward the case of Kasab to it's logical end without providing him a lawyer. The delay is legal assistance to Kasab will help in procrustination of the hearing process. It is a paradox that on one side they want to hang one criminal a.s.a.p. and on the other side they want to delay the trial.
    not at the behest of Mah govtBy: Dilshad | 01-Apr-2009 Reply | Forward I think she is a court appointed lawyer. Unless Mah govt is dictating to the courts - the lady had the case thrust on her.And she balked.
    Kasab defenceBy: Uday Sharma | 31-Mar-2009 Reply | Forward And I had my 15 minutes of fame.
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