State moves SC against acquittal of Fahim,Saba

After two embarrassing blows by the trial court and the Bombay High Court,the state government has moved the Supreme Court challenging the latters decision to acquit Fahim Ansari and Sabahuddin Ahmed in the 26/11 terror attack case,three months after they were acquitted due to lack of evidence.

After two embarrassing blows by the trial court and the Bombay High Court,the state government has moved the Supreme Court challenging the latters decision to acquit Fahim Ansari and Sabahuddin Ahmed in the 26/11 terror attack case,three months after they were acquitted due to lack of evidence. They were tried with lone surviving Pakistani gunman Ajmal Kasab,who was convicted and awarded death penalty.

Citing the reasons that the HC and the trial court erred in the judgment,the state filed an appeal before the SC,confirmed a source. The chargesheet has enough evidence to nail the two. We have cited the lower courts error in judgment as the main reason for their acquittals, said a source.

The special court set up within the Arthur Road Jail,headed by Judge M L Tahaliyani,and then a Division Bench of the Bombay HC had rejected the prosecutions case. The prosecution team of the state government was led by Ujjwal Nikkam,who heavily relied on the map that was found in the pocket of one of the slain terrorists Abu Ismail,claiming it was handed over by the Indian accused.

However,the courts had rejected the claims and acquitted both on all counts.

According to the police,Fahim and Sabahuddin had prepared maps of several vital locations in Mumbai and handed it over to LeT members who had planned the attack. But the case fell flat after the revelations of Pakistani-American Lashkar terrorist David Headley. The police failed to establish the conspiracy theory in the court.

The HC,in its judgment on February 21,said the fact that the map was allegedly handed over by Fahim to a person in Nepal could not be corroborated.

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