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Sena attack forces lawyer to withdraw from Kasab's case

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  • Anjali Waghmare
    Anjali Waghmare, a govt legal aid panel lawyer and wife of a city cop, withdrew from Kasab's case following a violent protest outside.
    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 Monday night.

    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.

    Even Godse was tried in the court of law.By: Indian | 01-Apr-2009 Reply | Forward It is just not about punishment. In the course of the case it will reveal lot many things such the other actors involved in the attack. Even Nathuram Godse was hanged after an elaborate trial.
    Talibani SainiksBy: Sreenivasan E.C. | 31-Mar-2009 Reply | Forward How fragile is our society! Why these Talibani Shiv Sainik's were not prevented from taking law into their hands? Here the police force and the government in power are all hand in hand with the Talibanis. It is dangerous to live in this society. All right thinking people must think over this issue and come up with ideas to strengthen the nation and to save it from these dangerous folks.
    communalismBy: Ganesh | 31-Mar-2009 Reply | Forward For all those advocating fair trail and law of the land etc, May I ask why there must be a trail for someone caught in the act on a surveilance camera.?Inspite of that if he must be given a chance to defend himself, why didnt the election commission give Varun Gandhi a chance to defend himself citing the reason that he was caught in the act on video? and that there is no reason to believe that the CD was doctored.Is not rank communalism that we see in these acts.
    DiscussionBy: Imran Majeed | 31-Mar-2009 Reply | Forward Please explain about above mentioned
    ATACK ON LADY LAWYERBy: Dr M M Tiwari , Raipur | 31-Mar-2009 Reply | Forward I don' t think attack on a lawyer engaged by court is a right thing. Sentiments are there and every Indian wants Kasab to be hanged publicly, but law has its procedure.There is a legal provision to give chance to an accused to defend his case personally or through a lawyer. If the accused can't arrange a lawyer or any lawyer doesn't take the case of an accused the court provides a lawyer to the accused. Without completing the legal procedure of the law of the land Kasab can' t be tried. After all some one has to stand for him. It's a good thing that a lady has come forward and has shown the courage to take up the case. She may be at the target of extremists and other terrorists also. Lawyer can only plead the case, the decision will be based on the facts and evidences collected by the investigating agencies. I think an issue should not be made and the courageous lady lawyer be allowed to work.The security and safety of the lady lawyer should as well be ensured to speed up the trial.
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