In a petition filed before the Bombay High Court, his
lawyer Amin Solkar said, "The report indicates that the 26/11
probe, on the basis of which Kasab was convicted, was either
incomplete or a denovo (fresh) investigation is on the cards.
"This would amount to double jeopardy and also
directly interfere in the case of confirmation of Kasab's
death sentence pending before the high court."
Justices Ranjana Desai and R V More asked government
counsel Ujjwal Nikam to file a reply on November 18 to the
issues raised by Kasab.
Kasab's petition asked "whether NIA, which was set up
after the 26/11 attacks, was authorised to conduct
investigation and file a charge sheet?... Why till date it had
not done so?"
The petition also questioned whether investigation in
all the 12 cases registered pertaining to the 26/11 terror
attacks was assigned to Mumbai Crime Branch or NIA? It also
asked whether the probe by Mumbai Crime Branch was legal?
Kasab also sought to know under what provisions
Maharashtra permitted NIA to interrogate him. He also
questioned the report which said that his death sentence would
be suspended until NIA finishes probe. Can a sentence be
suspended when its confirmation is pending before High Court?
Kasab raised a legal point whether NIA can register an
independent case against him in respect of the same 26/11
terror attack in view of section 300 of CrPc which says a
person convicted of an offence cannot be tried again.
Mumbai: Pakistani terrorist Ajmal Kasab, given death sentence for his role in the 26/11 attacks, on Monday asked whether the National Investigating Agency (NIA) had registered an independent case against him and that it would soon interrogate him.
First Published: Monday, November 15, 2010, 21:24