Mumbai: Describing evidence against LeT
suspect Faheem Ansari as "weak" and doubtful", his lawyer
argued before the Bombay High Court that the prosecution had
failed to prove his role in the 26/11 attacks because of which
he had been acquitted by the trial court.
Faheem has been falsely implicated in the case by
police who had "planted" a map of Mumbai targets purportedly
drawn by him in the pocket of slain terrorist Abu Ismael`s
trouser, his lawyer R B Mokashi submitted.
The court is hearing an appeal filed by Maharashtra
government against acquittal of Ansari and Sabauddin Ahmed in
the 26/11 attacks case. The duo was charged with preparing
maps of targets and passing them on to LeT, which in turn
handed over to terrorists to carry out the strikes.
Mokashi said the map found from Ismael`s trouser
pocket was neatly folded and there were no marks of wrinkles.
Faheem`s lawyer said if the map was found after 10
months in November 2008 then surely it should have been found
crumpled and also should bear wrinkles. Also, there is much
greater pressure in the thigh portion when such paper is kept
in pocket of trousers, he argued.
Justices Ranjana Desai and R B More then decided to
try themselves by placing two pieces of paper in the pocket of
Ismael`s trousers. They did this wearing gloves as the
trousers are a piece of evidence.
Mokashi argued that the map was tightly fitted into
the pocket of Ismael`s trousers and there were no blood stains
on the map. The prosecution`s case is that blood was found on
right hand side of his pocket and left hand side upper corner.
How come the blood did not percolate into the pocket and
soiled the map, he asked.
Mokashi further questioned how the prosecution had
charged Faheem with IPC sections of forgery and cheating after
they had recovered a forged Pakistani passport from him. If
forged passport was procured in Pakistan then Faheem should
not be charged with IPC sections as he had committed offence
in that country and not India, he argued.
Mokashi said the prosecution had alleged that Faheem
had travelled on the forged passport which bore his photograph
in a fictituous name from Pakistan to Nepal. However, it had
failed to explain how Faheem had reached Pakistan. Obviously,
it could not be on the strength of this passport as this was
procured in Pakistan, he argued.
On prosecution`s case that Faheem obtained admission
in a computer institute in fictitious name of Sahil Pawaskar,
his lawyer said the form was "planted".
Arguments of Faheem`s lawyer will continue tomorrow.
The court has already heard submissions of prosecution and
defence on appeal filed by Ajmal Kasab against the death
sentence for his role in 26/11 attacks.