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.