Mumbai: Mumbai police`s elite crime branch
was again left red-faced on Monday after Bombay High Court
dismissed its appeal challenging the acquittal of Fahim Ansari
and Sabauddin Ahmed Shaikh in the 26/11 attacks case as
With the prosecution`s case linking the duo with the
crime being rejected, Special Public Prosector Ujjwal Nikkam
attempted to put a brave face saying he had already spoken to
Maharashtra Chief Minister Prathviraj Chavan and Home Minister
R R Patil for filing an appeal against the acquittal.
The division bench comprising Justice Ranjana Desai and
Justice R V More while dismissing the plea of state government
said "we are of the view that the view taken by learned
Sessions Judge so far as involvement of Ansari and Shaikh in
this case is concerned, cannot be called unreasonable,
palpably false, manifestly erroneous and demonstratively
unsustainable which merits our interference."
The division bench again pointed out in its judgment
that the map allegedly handed over by Ansari, who is already
an accused in a case of shooting down CRPF personnel at Rampur
in Uttar Pradesh, to a person in Nepal could not be
Prosecution had claimed that the same map was recovered
from the pocket of Abu Ismail, a terrorist shot dead during an
encounter that led to arrest of Ajmal Kasab.
The high court concurred with the view taken by
Sessions Judge M L Tahaliyani that the map recovered from
Ismail`s pocket should have some wrinkles on it and blood
spots as the Lashker-e-Taiba(LeT) terrorist was badly injured
in the gun-fight.
The prosecution in its appeal had claimed that the
sessions judge had erred in making this opinion. However, the
High Court in its ruling said "we had a look at the cargo
pant, particularly the pocket from where the map was
"There are small spots of blood on the border of the
pocket. We find that the appeal memo contains a sketch of the
pocket. It shows that there were blood stains on the corner of
the right side of the pocket.
"There are two spots of blood on the upper portion. This
fact is admitted in the appeal memo. Thus, the prosecution has
also come with the case that there were blood stains on the
corner and upper portion of the right side pocket. In such
circumstances, the view taken by learned Sessions Judge on
this aspect cannot be called perverse."
"I have already spoken to Chief Minister and Home
Minister and recommended to file appeal against HC`s order,"
Nikkam, whose arguments failed to impress the judges due to
lack of corroborative evidences, said.