Court erred in acquitting Faheem, Saba in 26/11 case: Nikam



Mumbai: The trial court had erred in acquitting LeT suspects Faheem Ansari and Sabauddin Ahmed in the 26/11 case as their conduct before the terror strikes clearly reflected their guilty mind and involvement in the conspiracy, government counsel Ujjwal Nikam told the Bombay High Court on Wednesday.

Both had participated in the 26/11 attack conspiracy by drawing maps of targets and giving them to LeT which in turn supplied them to the attackers, Nikam argued and enumerated five circumstances to substantiate his point.

First, he said, Faheem and Sabauddin were arrested on February 2008 in Uttar Pradesh in connection with an attack on CRPF jawans. Secondly, during personal search at the time of arrest police seized from Faheem a "fake" Pakistani passport and an identity card in assumed name with his own photograph.

Thirdly, Nikam said, 10 maps of Mumbai locations were found from Faheem's possession and these were meant to be supplied to LeT purportedly to create terror. Fourthly, Faheem's childhood friend, Nuruddin Shaikh, had seen Faheem giving maps to Sabauddin in Nepal for passing them to LeT.

Lastly, Nikam said, LeT leader Abu Kafa had given Pakistani terrorist Ajmal Kasab and other 26/11 attackers maps of the targets saying they were made by Faheem and Sabauddin and they should destroy them when they reached the target.

Accordingly, the terrorists destroyed the maps carried by them except Abu Ismael and Kasab because the duo had not reached their destination as they were nabbed in Girgaum Chowpatty on way to Malabar Hill. One such map was found from the pocket of slain terrorist Abu Ismael, Nikam said.

The court is hearing the appeal filed by the state against the acquittal of Faheem and Sabauddin.

PTI