Mumbai: The Bombay High Court on Wednesday posted
for hearing on December 7 a petition filed by Maharashtra
government asking for certified copies of certain documents to
be sent to Pakistan regarding evidence adduced against
terrorist Ajmal Kasab in the 26/11 terror attack case.
Justice Ranjana Desai and Justice R V More decided to
hear the matter on December 7 and asked Advocate General Ravi
Kadam and Additional Solicitor General Darius Khambatta to
make submissions along with Government Counsel Ujjwal Nikam.
The petition contended that documents were required by
Pakistan for the 26/11 terror attack trial in that country
where seven accused, including Zaki-ur-Rehman Lakhvi, alleged
mastermind and LeT`s chief of anti-India operations, are
facing charges of masterminding the strikes in Mumbai.
The documents sought by Pakistan include autopsy reports
of 166 persons who were killed in terror strikes and crucial
evidence of witnesses adduced against Pakistani terrorist
Ajmal Kasab in a sessions court in Mumbai.
As the death sentence awarded to Kasab has come up before
the High Court for confirmation, the entire evidence has been
tabled before the division bench.
The Government`s petition said the request for these
documents had been made by Pakistan`s Investigating Agency to
the Union Home Ministry of Government of India last month.
On two occasions earlier, the Government had sent some
documents pertaining to 26/11 trial in Mumbai after seeking
permission of the trial court here.
The evidence against Kasab can be used against accused
facing trial in Pakistan, according to CrPC provisions of that
country.
Meanwhile, Kasab`s lawyer Amin Solkar argued before the
Court today that prosecution had not proved the seizure
panchnama of "Kuber" boat in which terrorists had reportedly
arrived in Mumbai from Karachi on November 26, 2008.
Firstly, he said, "Kuber" boat was not produced before
the court and secondly the articles seized from the boat,
including jackets and blankets, were not proved by the
prosecution.
Solkar argued that although the panchnama mentioned that
police photographer was present in the boat and that he had
clicked pictures from various angles, the photographs were not
produced before the court.
He said police could have proved the articles lying in
Kuber through the photographs.
Solkar further pointed that prosecution had failed to
examine witnesses to prove the contents of the panchnama. When
they realised this lacunae the witnesses were recalled and
examined later. This practice is not correct, he argued.
Justice Ranjana Desai asked public prosecutor Shahji
Shinde to explain why the panchnama was not proved by
examining witnesses and why they were recalled later.
Government Counsel Ujjwal Nikam was not present as he has
gone to USA to participate in a global meet on "Ways to
counter terrorism" organised by the United Nations.
Kasab did not appear today on the screen put up in the
court for the video conference link to enable him hear the
proceedings from the jail.
PTI
