26/11 Mumbai attacks: Trial and related developments

[Pintu]

According to The Economic Times Kasab and Ismail had plans target Malabar Hill locality during terror attacks on Mumbai.

The link and the report from The Economic Times follows:

http://economictimes.indiatimes.com...Malabar-Hill-locality/articleshow/4418118.cms

Kasab, Islmail planned to attack Malabar Hill locality
18 Apr 2009, 1757 hrs IST, PTI

MUMBAI: Mohd Amir Ajmal Kasab, the lone terrorist captured during the Mumbai terror strikes last November, and his team member Abu Ismail had
plans to strike at the VIP locality Malabar Hill area, where bungalows of Governor, Chief Minister and other important Maharashtra ministers are located, a court was told here today.

However, the plan could not take off as only Ismail knew of the plan and he was killed in a police encounter, special public prosecutor Ujjwal Nikam told judge M L Tahilyani.

Ismail had told Kasab that he will reveal the plan about Malabar Hill after reaching there but before they could reach their destination, a police team intercepted their car and Ismail was killed in police firing, the prosecutor said.

 

[Pintu]

Press Trust of India reports that Kasab said that they planned to destroy financial status of Mumbai

The link and report from Press Trust of India follows:

http://www.ptinews.com/pti\ptisite.nsf/0/C33504C6AC23DFE46525759C004C6B2F?OpenDocument


Kasab says they planned to destroy financial status of Mumbai



Mumbai, Apr 18 (PTI) Mohammed Ajmal Amir Kasab, the lone gunman arrested during November 26 terror strikes here, said he and other perpetrators of the attacks planned to target places frequented by tourists in order to destroy the financial status of Mumbai.
According to Kasab, head of the Lashkar-e-Taiba Amir Hafiz Saeed told them at a training camp that "Indias financial strength is because of foreign visitors. So, to destroy the financial power you have to attack places which are frequented by foreigners and other places as well." The disclosure was part of the confession read out by special public prosecutor Ujwal Nikam to a special court while opening the prosecution's case against Kasab.

Kasab yesterday retracted the confession, made before a magistrate in February, alleging it was extracted out of him by police officials through torture.

In the parts of the confession read to the court, Kasab has said they were told they would go to "jannat" (heaven) if they died while on the mission.

"LeT operative Zaki-ur-Rehman Lakhvi told us that it was time for jihad and said our community had been fighting in Kashmir for the last 15 years", he said.

"Despite that, the Indian government has not freed Kashmir. Now, we have to fight a war with India and claim Kashmir back we were told," Kasab stated. PTI

 

[Pintu]

The Times of India reports that there will be 109 witnesses on the Trial.

The link and the report from the Times of India follows:

http://timesofindia.indiatimes.com/India/109-witnesses-will-help-nail-Kasab/articleshow/4419500.cms


109 witnesses will help nail Kasab
19 Apr 2009, 0529 hrs IST, Kartikeya, TNN


MUMBAI: After the terror it's now time for justice. And Mumbai will be relying on 109 key witnesses to nail the 26/11 attackers in court. These
men and women will be summoned to depose against arrested gunman Ajmal Amir Kasab.

Their names were read out before Judge M L Tahaliyani by special public prosecutor Ujjwal Nikam on Saturday. But their identities will be kept strictly confidential as intelligence reports have said that the witnesses may already be under threat, the judge was told.

Apart from ordinary Mumbaikars who saw the terrorists gunning down innocents, Judge Tahaliyani will also listen to the testimony of five officials from the American federal bureau of investigation (FBI). "The FBI investigators have played a vital role in analysing the evidence collected after the attack," Nikam said.

Detailing his strategy to prosecute Kasab, Nikam read out the manner in which the attack unfolded after the terrorists landed on Mumbai's shore and started by killing their navigator Amar Singh Solanki. He listed witnesses for each of the 12 major incidents that took place, including the killings in the Taj and Oberoi Hotels and Nariman House. There was pin-drop silence in the court as he recounted the deaths of ATS chief Hemant Karkare and IPS officer Ashok Kamte outside Cama Hospital.

The court was also informed that there was no longer confusion over where Kasab and his partner Abu Ismail were headed that night. In his confession, Kasab said that on coming out of CST he asked Ismail where they were going. Ismail replied that their target was in Malabar Hill, but would reveal the exact location only on reaching the area. "Ismail was gunned down at Chowpatty and took the information with him," said Nikam.

The prosecution also took pains to make it clear that it had many more witnesses than it was going to actually examine in court. For instance, after the firing at CST, the police recorded the statements of 35 eyewitnesses but only nine of them will be called to depose before Judge Tahaliyani. "I am calling only the strongest witnesses," Nikam said.

 

[Pintu]

Another report from The Times of India about change in Kasab's body languages.

The link and the report from The Times of India follows:

http://timesofindia.indiatimes.com/...from-cocky-to-worried/articleshow/4419497.cms


Kasab: Body language goes from cocky to worried
19 Apr 2009, 0527 hrs IST, TNN


MUMBAI: There has been a drastic change in the demeanour of Ajmal Amir Kasab in the last four days since his trial started in a special court. In
the first two days, he smiled a lot, made frequent eye contact with lawyers and journalists and spoke confidently whenever the judge asked him something. It was hard to ignore his swagger.

On Saturday, however, Kasab sat with his shoulders slouched and wore a perpetual scowl on his face. He was no longer alert all the time and on several occasions even put his head down while the hearing was on. He even yawned at one point. He also appeared to be worried by what was going on. The only time he smiled was when his co-accused Faheem Ansari asked for permission to meet his wife and the court granted it.

On Thursday, Kasab's newly appointed lawyer, Abbas Kazmi, had warned him not to take the court's proceedings lightly. He asked him to remain serious during the trial and maintain decorum of the court.

 

[Pintu]

Hindu reports that Kasab the lone terrorist caught alive showed sign of training to withstand interrogation

The link :

http://www.hindu.com/thehindu/holnus/001200904181713.htm

 

[Yusuf]

They were trained in everything mate. Survive 60 hrs without food and also climb mountains with their heavy rucksacks.
No surprises then that they would withstand interrogation as well. All the information Indian agencies would have taken out, would have been using the narco analysis.

 

[Pintu]

They were trained in everything mate. Survive 60 hrs without food and also climb mountains with their heavy rucksacks.
No surprises then that they would withstand interrogation as well. All the information Indian agencies would have taken out, would have been using the narco analysis.

I think you are right Yusuf, they used it against Abdul Karim Telgi, and again I think they used it on Kasab, that's why I assume they came in this conclusion.


Regards

 

[Pintu]

According to Hindustan Times Pakistan seeks Kasab's statement from India.

The link and the report from Hindustan Times follows:

http://www.hindustantimes.com/Story...cooperate,+seeks+Kasab's+'verified'+statement


Pak seeks Kasab's statement

Press Trust Of India
Lahore, April 19, 2009
First Published: 23:42 IST(19/4/2009)
Last Updated: 00:01 IST(20/4/2009

Pakistan tonight pressed India to provide the statement of the lone terrorist captured for the Mumbai attacks Ajmal Amir Kasab for the prosecution of suspects arrested by it.

Interior Ministry chief Rehman Malik said Pakistan needed the verified copy of Ajmal Kasab's statement given before the court.

"India has not provided answers to all the queries put forward by Pakistan," he told reporters on the sidelines of a private function here.

He said Pakistan has so far arrested six suspects in connection with the Mumbai attacks and had "sincerely" conducted investigations into the 26/11 strikes.

India should also extend cooperation in the probe into Mumbai attacks, Malik said, adding "the accused cannot be awarded punishment in the absence of concrete evidence."

Pakistan had last week demanded additional information from India for the successful cooperation of suspects arrested by it for the attacks.

The additional information sought by Pakistan included Kasab's statement, details of mobile SIM cards and coordinates of GPS used by the 10 terrorists who carried out the attacks.

 

[Pintu]

DNA reports that Kasab again seeks urdu translation of the Charge sheet.

Link and the report from DNA :

http://www.dnaindia.com/report.asp?newsid=1249486

Ajmal seeks Urdu chargesheet again
PTI
Tuesday, April 21, 2009 18:50 IST


Mumbai: Prime accused in Mumbai terror attack case Mohammed Ajmal Amir aka Kasab on Tuesday asked for an Urdu translation of the 11,000-page chargesheet in order to build up his defence, but the prosecution strongly opposed his plea, saying he was adopting "delay tactics" to prolong the trial.

Ajmal's lawyer Abbas Kazmi also pleaded for four weeks' time to reply to prosecution on charges proposed to be framed against him. Judge ML Tahilyani has reserved order until Wednesday on Kasab's plea for Urdu translation of chargesheet and one-month adjournment to reply to prosecution's proposed charges.

Kazmi asked for an Urdu translation of the chargesheet, saying the accused could not understand any other language and therefore would not be in a position to give instructions to him regarding his defence in the trial.

Opposing Ajmal's plea, special public prosecutor Ujjwal Nikam said there was no provision in law to provide the chargesheet in the language understood by the accused. The official language of the court, decided by the Government of Maharashtra through a circular on July 23, 1998, was Marathi.

Copies of the chargesheet in English and Marathi were already provided to the accused, he said. This is the second time Ajmal pleading for an Urdu translation of the chargesheet.

Earlier, he made a similar request to a magistrate (before whom he was produced for remand) but the court had rejected his plea.

In another development, co-accused Sabaudin Ahmed filed an application, alleging that Crime Branch police had used third degree methods to "torture" him during his arrest earlier.

The application was filed by his lawyer Ejaz Naqvi who could not satisfy the court's query as to why he was making a grievance after a considerable lapse of time particularly when the accused had the opportunity earlier to tell the court.

Sabauddin's application also alleged that FBI slueths, James and Mike, had interrogated him when he was in the custody of Crime Branch. The accused demanded that the FBI officers be arrested as they had no authority to grill him.

Judge ML Tahilyani asked investigating officer Ramesh Mahale to file a reply to these allegations.

In another application, Sabauddin urged for return of his belongings at the time of his arrest. The court has asked the investigating officer to file a reply on this plea also.

Meanwhile, the lawyers appeared for co-accused Faheem Ansari, Saba Qureshi and Nilesh Jadhav, on Tuesday sought time to reply to prosecution's proposed charges. The duo submitted that they had not yet seen the chargesheet.

The court would decide their plea on Wednesday.

Ajmal is facing charges of gunning down 166 perons along with nine others on November 26 last year following a conspiracy hatched by LeT in Pakistan.

Faheem and Sabauddin are charged with providing maps of target locations to the conspirators. Ajmal was captured alive, while others were killed by armed forces in a pitched battle.

 

[Flint]

This trial will go on for atleast a year, if not longer, and this absurd daily reporting of each and every nose twitch is getting rather tiring. I'm eagerly awaiting the dulling of public interest.

 

[Pintu]

This trial will go on for atleast a year, if not longer, and this absurd daily reporting of each and every nose twitch is getting rather tiring. I'm eagerly awaiting the dulling of public interest.

I don't think it will take that long as I am quite positive about that and not at least it will not take at least Mumbai Trial did, and if any of the daily reporting is rather tiring or absurd to any of the respected member, or respected moderator from here on I am stopping post any further report in here regarding Kasab's trial , at the same time I am requesting the MODs to please delete all my absurd tiring posts regarding this thread.

Regards

 

[Flint]

I don't think it will take that long as I am quite positive about that and not at least it will not take at least Mumbai Trial did, and if any of the daily reporting is rather tiring or absurd to any of the respected member, or respected moderator from here on I am stopping post any further report in here regarding Kasab's trial , at the same time I am requesting the MODs to please delete all my absurd tiring posts regarding this thread.

Regards

Pintu, please feel free to post! I'm sure a lot of people would be interested, even if I'm not!
You can post whatever you want as long as its not against forum rules.

 

[Pintu]

This is ok..., Flint, I will definitely post, actually I thought that the daily updates are essential as this will be most watched trial in the Indian History , that's why I keep regular update, however, there is some media coverage which is really absurd, I will mind keep in mind that next time posting.

Ragards:113:

 

[Yusuf]

Inquiry ordered to determine Kasab's age

MUMBAI: A special court on Friday ordered an inquiry to determine whether the prime accused in Mumbai terror attacks case Mohammed Ajmal Amir

Kasab is a juvenile. ( Watch )

Judge M L Tahiliyani allowed special public prosecutor Ujjwal Nikam to examine witnesses comprising doctors and jailor on April 28 to find out whether Kasab was above 18 and not juvenile at the time of commission of offence.

The court also ordered jail authorities to take Kasab for ossification test and dental test to determine his age.

The radiologist and dentist who will conduct the test have been asked to submit a report on or before April 28.

Kasab will be taken for these tests under heavy security, his lawyer Abbas Kazmi told reporters here.

If the inquiry establishes that Kasab is juvenile, then the case will be transferred to the juvenile court.

The maximum punishment prescribed under Juvenile Justice Act is maximum three years, Kazmi said.

The court ordered the inquiry after the prosecutor Nikam moved an application urging that the age of the accused may be determined before the charges are framed against him.

Earlier, Kasab had himself pleaded that he was juvenile and that the case should be transferred to Juvenile Justice Court but the court had turned down his plea and opined that he did not appear to be juvenile and if the court feels that anytime during trial that the inquiry should be held to determine his age it would do so.

Inquiry ordered to determine Kasab's age - India - The Times of India

 

[johnee]

kasab may or may not be a juvenile. but why is this used as a defence? that does mean that if kasab is a juvenile, then he will be tried in juvenile court? would that mean that his maximum punishment cant exceed 3yrs? then this is foot in mouth for india.
kasab may not be juvenile. but the next bunch of kasabs can be juvenile, who will just walk free after 3yrs having practised shooting target at the expense of innocent indian lives.
if I were the terrorist mastermind, I would be laughing on the floor seeing this trial.

 

[Yusuf]

kasab may or may not be a juvenile. but why is this used as a defence? that does mean that if kasab is a juvenile, then he will be tried in juvenile court? would that mean that his maximum punishment cant exceed 3yrs? then this is foot in mouth for india.
kasab may not be juvenile. but the next bunch of kasabs can be juvenile, who will just walk free after 3yrs having practised shooting target at the expense of innocent indian lives.
this trial sucks.........

The trial is fair enough according to Indian laws. The words that you are using can land you in trouble for contempt of court.

What probably is required is that the anti terror laws incorporate a different set of laws for juvenile terrorists. That will take care of the current predicament.
BTW I dont think Kasab is under 18 for sure.

 

[Pintu]

I agree with Yusuf, in my opinion the trial is fair enough according to the Indian law, , also I am in opinion with Yusuf that a new set of law should be introduced to deal with juvenile terrorists.

In my opinion also , Kasab can not be under 18.

Regards

 

[Yusuf]

26/11 case: Kasab is an adult, doctors tell court

Mumbai attacker Mohammad Ajmal Amir Kasab is an adult, doctors have told the special court set up at the Arthur Road Jail.

The doctors told Special Judge ML Tahiliyani that Kasab is more than 20 years old adding that they arrived at the age of the Pakistani terrorist after conducting forensic dental analysis, ossification test and X rays.

They submitted their findings to the court on Tuesday afternoon.

The team that examined Kasab included four doctors of JJ hospital.

The court had ordered an investigation to determine Kasab's true age on April 24 after the defence lawyer claimed that Kasab was just 17 years old at the time of the 26/11 attack, and should therefore be tried in a juvenile court.

Judge Tahiliyani had asked for a report on Kasab's age by April 28.

Kasab's lawyer had offered to travel to Pakistan to verify his age. But the court asked a team of doctors to do the investigation through medical tests.

The age of Kasab would have a direct bearing on the verdict as if it had been established that Kasab was indeed a minor at the time of attack, the maximum sentence the terrorist would have faced is just three years in jail.

 

[Pintu]

As mentioned above BBC also reports that Qasab is not minor.

The link and the report from BBC follows:

http://news.bbc.co.uk/2/hi/south_asia/8022352.stm


Mumbai suspect is 'not a minor'
Mumbai gunman, identified as Mohammed Ajmal Amir Qasab
Ajmal Amir Qasab is alleged to have opened fire on commuters

The leading suspect in last November's deadly attacks in the Indian city of Mumbai (Bombay) is not under 18, the court trying him has been told.

A team of four doctors who examined Mohammad Ajmal Amir Qasab told the court that he was over 20 years of age.

The court ordered bone and dental tests on Mr Qasab after his lawyers said he should face trial in a juvenile court.

Over 170 people, including nine gunmen, were killed in the attacks. Mr Qasab is charged with waging war on India.

He faces the death penalty if convicted.

'More than 20'

"The accused had raised the issue about his age. A team of four expert doctors had examined him on court orders," chief public prosecutor in the trial, Ujjwal Nikam, told reporters in Mumbai.

"They have tabled their report after his dental and bone examination in the court. The doctors unanimously say that he is more than 20 years old," he said.

Besides medical evidence, Mr Nikam said the prosecution also examined two witnesses in court.

"After his arrest in November, Qasab was admitted to hospital where he told the doctor he was a resident of Pakistan and 21 years old.


MAIN QASAB CHARGES
Murder, waging war on India
Firing at CST train station
Firing inside and outside Cama Hospital
Hijacking of Skoda vehicle
Murder of MV Kuber boatman
Firing at Girgaum Chowpatty beach

Retracted confession read in court
Mumbai accused relaxed in court

"Later, when he was taken to the Arthur Road jail, there too he said he was 21," Mr Nikam said.

Last Friday, Judge ML Tahiliyani ordered a doctor to carry out bone and dental tests on Mr Qasab.

The order came after Mr Nikam filed an application asking the court to settle the matter of Mr Qasab's age before the trial began.

Mr Qasab's lawyer, Abbas Kazmi, had claimed that his client should be tried in a juvenile court.

Mr Kazmi also retracted a confession his client made in front of a magistrate in February, saying it was extracted through coercion and force.

It will be up to the judge to weigh the evidence at the trial and decide whether the confession should be taken into account.

The prosecution had read out parts of his confession as the trial began and accused him of killing 166 people.

Two Indians, Fahim Ansari and Sabauddin Ahmed, are also on trial, accused of being members of the Lashkar-e-Taiba militant group and of scouting for the attacks.

India has accused Pakistan-based fighters from Lashkar-e-Taiba of carrying out the attacks. Pakistan has admitted they were partly planned on its soil.

Mr Qasab was arrested on the first day of the attacks and has been in custody ever since.

A huge security operation has been launched for the trial involving hundreds of armed police and soldiers.

 

[Pintu]

Here is a report from PTI which says that Forensic expert tells The Hon'ble Court that Kasab could be 22 years.

The link and the report from PTI follows:

http://www.ptinews.com/pti\ptisite.nsf/0/AEE9CF2E06C3075F652575A70042BAF3?OpenDocument


Forensic expert tells court Kasab could be 22 years



Mumbai, Apr 29 (PTI) A forensic expert today told a special court that the age of Mohammed Ajmal Amir Kasab, the only surviving terrorist of the 26/11 attacks in Mumbai, could be 22 as his chest X-ray indicates developed growth.
The expert, Dr Sudhir Nanandkar, told the court that Kasab's chest X-ray shows a complete fusion of the clavicle (collar bone), indicating that he could be 22 years old.

Nanandkar, a witness in the sensational case who conducted the Ossification (bone) test on Kasab, said in medical jurisprudence the examination of clavicle fusion helped independently to determine the age of a person.

The court was examining Dr Nanandkar and two others as witness to determine the age of Kasab, which the accused claimed before the court was just 17.

On a plea from the prosecution, the judge M L Tahalyani had ordered an inquiry to determine whether the accused was a juvenile or not.

The testimony of the witness that Kasab's age was 22 supports the prosecution's case that he was not a juvenile. Two other witnesses --a doctor and the jail superintendent --deposed yesterday saying Kasab had told them he was 21.

During cross-examination by defense lawyer Abbas Kazmi, the witness said that while taking X-ray of Kasab in jail on April 27, there was malfunctioning of machine after the completion of the process. He also said that Kasab's signature was not obtained on the X-ray plates. PTI