Kasab retracts confession,says it was ‘forced’

Kazmi told Judge M L Tahilyani that the accused was retracting his confession as it was taken under “duress” by police.

The court,which is yet give its ruling on the issue,however,rejected Kasab’s contention that he was a minor and not not 21 as claimed by the prosecution and that he should be tried under the Juvenile Justice Act.

Opening the case,Special Public Prosecutor Ujjwal Nikam alleged that Kasab,who was arrested on the night of November 26 last,and the killed terrorists had received military and intelligence training in Pakistan under a conspiracy hatched by Lashkar-e-Toiba in Pakistan to ultimately capture Jammu and Kashmir.

Nikam did not name Pakistan Army or ISI having trained the accused. But he repeatedly referred to Major General Sahab and Col R Saadat,who figured in Kasab’s confession as supervisory officers of the training imparted to accused.

Nikam based his submissions on the confession made by Kasab before a magistrate.

The confession was today opened in the court and Nikam read out some portions to point out that the perpetrators of the crime had been given precise military and intelligence training in Pakistan.

When it was read out to Kasab,he said he wanted to retract from it saying it was taken by police under duress. Inside the court,Kasab appeared to be comfortable and was often seen smiling at his lawyer and reporters. However,the after lunch recess,he became serious and attentive when Prosecutor Nikam dwelt upon his alleged role in terror attack cases.

The judge warned Kasab not to talk to the other accused. Kasab,who was wearing a dark grey T-shirt with blue stripes and a black trousers,nodded his head and kept quiet.

Nikam,however,argued that Kasab was retracting his confession after two months. He denied the allegations that the confession was taken under duress and said it was recorded by a Magistrate who is an independent judicial officer.

In another development,Kasab said he was a juvenile (below the age of 18 years) and therefore the Special Court had no jurisdiction to try him. The Judge,however,rejected his plea after Nikam said that jail records and confession of the accused indicated that his age was 21 years.

When Kasab’s confession was being read out by the prosecutor,the accused appeared to be serious and hung his head down with hands on forehead.

Nikam said LeT chief Hafeez Muhammed Saeed,the outfit’s chief of operations Zaki-Ur-Rehman Lakhavi and its member Abu Hamza had trained the accused in various parts of Pakistan.

In Muzaffarabad,Nikam said,they were taught to take positions with AK-47 rifles and also imparted knowledge in making bombs from RDX. In Muridke,the headquarters of LeT near Lahore,the accused were taught how to find out whether they were being trailed and how to confuse them.

The accused were taught how to create a fake identity and trained in spreading fishing nets in the sea so that they could pose as fishermen in case they were caught by Indian Coast Guard in the high seas,Nikam said. Who are these trainers? It appears that they were trained professionals. Further investigations were on.”

Referring to Kasab’s confession,Nikam said LeT chief Sayeed had told the accused that time had come for ‘jehad’ and their ultimate goal of capturing Jammu and Kashmir could be achieved by attacking India.