Mumbai: The acts of Ajmal Kasab and other
accused in the 26/11 terror siege amounted to "waging war
against India" which is punishable by death penalty or life
imprisonment, the prosecution argued in a trial court on Wednesday.
"By firing at people indiscriminately in Mumbai, Kasab
and other conspirators wanted to destabilise the government
and break the political and economic order of the country,"
special public prosecutor Ujjwal Nikam said in his arguments
that began yesterday in the high-security court at the Central
Terror acts amount to waging war against the nation
because some nations chose to use this as weapon to commit
proxy war on others, Nikam submitted.
He argued that the definition of offence of waging war
against the nation under section 121 of IPC includes persons
of all nationalities and said this applies to Kasab also who
had allegedly indulged in terror acts.
Nikam said the other two accused Faheem Ansari and
Sabauddin Ahmed, who are charged with preparing maps of 26/11
targets, are also liable to be held guilty of "waging war
He referred to Kasab`s confession in which he had said
that the 26/11 attackers were asked by conspirators at a
training camp in Pakistan to commit terror acts in Mumbai to
"bring pressure on the Indian government to liberate Kashmir".
The confession, which was later retracted by Kasab,
had also mentioned Mumbai was being targeted because it is the
financial hub of India.
Incidentally, when Nikam was making his argument,
Kasab was caught sleeping in the dock and the judge M L
Tahilyani had to reprimand him.
Harping on his argument of "waging war against the
nation", Nikam further said Kasab and others had been
instructed by conspirators to kill American, Israeli and
British nationals because they felt that people of these
countries had committed atrocities against Muslims.
He referred to intercepted telephonic talks between
attackers and their Pakistani handlers during terror attacks
in which the former were instructed to kill Israeli nationals
to "spoil friendly relations between India and Israel".
In another development, Nikam said Kasab`s stand at
the end of the trial that he had come to India as a Pakistani
tourist and was in police custody on the day of 26/11 strike,
was "a pack of lies, false defence and an after-thought".
He wondered why Kasab had not cross-examined the
three police officers who had deposed that they had caught him
alive at Girgaum Chowpatty on the night of 26/11 when he was
trying to escape in a car along with another terrorist.
Kasab could have cross-examined them but he did not.
As an after-thought he had taken this defence at a much later
stage when the court was recording his statement after closing
evidence, the prosecutor said.
Kasab`s claim that he was in police custody on 26/11
was also falsified by his photographs placed as evidence, he
said. A cameraman had shot Kasab`s photographs at Chhatrapti
Shivaji Terminus and at a foot-over-bridge nearby, he said.