26/11 Mumbai attacks: Trial and related developments

Yusuf

GUARDIAN
Super Mod
Joined
Mar 24, 2009
Messages
24,322
Likes
11,624
Country flag
Lets discuss the trials and new related to the trial of the accused in the 26/11 terror attacks.

The trial in the Mumbai terror attacks case began on Friday with the prosecution opening its case against arrested gunman Mohammed Ajmal

Amir Kasab and two others, PTI reported.

Special public prosecutor Ujwal Nikam opened the arguments against Kasab, Faheem Ansari and Sabauddin Ahmed for their alleged involvement in the 26/11 attack case in which 183 people were killed.

The court had on Thursday appointed a lawyer for Kasab paving the way for the start of the trial in the case.

Kasab and two others have been booked in 12 cases related to the terror strikes.

On Thursday, Ujwal Nikam said that Kasab could now be tried for 166 counts of murder.

Nikam told the special sessions court that Kasab is responsible for the murder of 166 persons who lost their lives in the three-day terror carnage on November 26 and thus the charge under Section 302 of IPC is required to be framed against him 166 times.

"Even though Kasab was actually not present at the time of the firing incidents in hotels Taj and Trident, and Nariman House, he can be held liable for the murders as one of the co-conspirators," Nikam said.

Kasab�s trial is long awaited since the Mumbai police filed a voluminous charge sheet of over 11,000 pages.

Kasab, who on Thursday got a new lawyer S G Abbas Kazmi, has asked for a Pakistani lawyer to defend him after the judge on Wednesday removed Anjali Waghmare as his counsel on a complaint of professional misconduct.
 
Last edited by a moderator:

Yusuf

GUARDIAN
Super Mod
Joined
Mar 24, 2009
Messages
24,322
Likes
11,624
Country flag
Kasab should be tried in juvenile court: Kazmi

MUMBAI: A special court on Friday dismissed Mumbai terror attack accused Mohammed Ajmal Kasab's application claiming that he is a "juvenile".

Abbas Kazmi arrives for Kasab's trial at Arthur Road jail in Mumbai. (AP)
More Pictures


Lawyer Abbas Kazmi, who is defending Pakistani national Kasab, said his client had told him that he "had not even reached the age of 17" when the attacks took place last November.

"He is still under 18. In such circumstances he is deemed to be a juvenile and this court has no jurisdiction to try this case," Kazmi told the trial court.

"The case should be transferred to the appropriate competent juvenile court. As a juvenile he should be treated as such... we cannot proceed further".

But public prosecutor Ujwal Nikam rejected the submission, saying that in both Kasab's "confession statement" to the police and on transfer to jail, he had said he was 21".

"On the day of the incident, November 26, 2008, he had completed 21 years, two months and some 13 days," Nikam said.

Judge ML Tahiliyani asked Kasab to stand in the dock and then commented: "As one looks at accused No 1, it does not appear that he is below 17 years."

Rejecting the application, the judge added: "In my considered opinion, the plea is frivolous and intended to delay the trial."

Tahiliyani however did not rule out examining the matter again in the future.

Kasab faces a string of charges including "waging war" on India, murder, attempted murder and kidnapping.

He faces the death penalty if convicted of taking part in the attacks, which left more than 160 dead and hundreds more wounded.
 

Yusuf

GUARDIAN
Super Mod
Joined
Mar 24, 2009
Messages
24,322
Likes
11,624
Country flag
Well he had to get one. I dont understand the fuss about the SS not allowing him to get one and branding those who stood for him as anti national. I think if he hadnt got a lawyer, he would have walked free and then we would have had to try the whole of SS as anti nationals for letting Kasab get away.
 

Yusuf

GUARDIAN
Super Mod
Joined
Mar 24, 2009
Messages
24,322
Likes
11,624
Country flag
Kasab alleges torture, retracts confession

MUMBAI: Mohammed Ajmal Kasab, the terrorist on trial for last year's Mumbai attacks, wants to retract his confession, claiming it was extracted by torture, his defence lawyer, Abbas Kazmi, told reporters on Friday.

On his instruction, a retraction application has been filed, retracting the so-called alleged confession," said the lawyer, who is defending Pakistani national Kasab.

"He's going to plead not guilty," he added.

Kazmi told reporters that Kasab claimed the confession, made to a local magistrate while he was in police custody, was "extracted out of coercion and force and it was not a voluntary confession."

He quoted Kasab as claiming he had been "physically tortured."
 

sayareakd

Mod
Joined
Feb 17, 2009
Messages
17,722
Likes
18,522
Country flag
Right to fair trial is fundamental right to even non citizen, at time of peace their must be some one to defend an accuse, how so serious charges their may be.

as far as accused argument of being juvenile is concern, he (Amir Kasab) should be send for medical examination. once report is given only then Court will decide if he is juvenile or not.
 

Flint

Senior Member
Joined
Mar 10, 2009
Messages
1,621
Likes
153
Well he had to get one. I dont understand the fuss about the SS not allowing him to get one and branding those who stood for him as anti national. I think if he hadnt got a lawyer, he would have walked free and then we would have had to try the whole of SS as anti nationals for letting Kasab get away.
Thackeray Saheb knows very well that court proceedings cannot continue without giving the chap a lawyer but still they milked it to the max by attacking and harassing all the previous ones.
 

Yusuf

GUARDIAN
Super Mod
Joined
Mar 24, 2009
Messages
24,322
Likes
11,624
Country flag
Never know what these Pakistanis age. Remember Shahid Afridi. Looked a monster and showed 17 when he debuted.
 

Yusuf

GUARDIAN
Super Mod
Joined
Mar 24, 2009
Messages
24,322
Likes
11,624
Country flag
Is he pleading not guilty to killing any mosquitoes on CSTM?
 

Yusuf

GUARDIAN
Super Mod
Joined
Mar 24, 2009
Messages
24,322
Likes
11,624
Country flag
Pak Maj-Gen visited training camp: Kasab

MUMBAI: "Are you ready for jung (war)?" top Lashkar-e-Toiba operatives Hafiz Saeed and Zaki-ur Rahman Lakhvi asked Ajmal Amir Kasab and his fellow terrorists. "Yes, we are," they replied. "The duo told us that they had been fighting Indian forces in Kashmir for 15 years, and that we had to attack Hindustan from within by targeting its major cities."

This is part of the chilling 37-page confession made by Kasab that was read out for the first time in the special trial court on Friday. The confession — which was later retracted by Kasab, who said it was given under coercion — reveals the manner in which the plot to attack Mumbai was meticulously planned and ruthlessly executed.

Referring repeatedly to his "Klashan" (an AK-47 rifle), Kasab laid bare the intensive training that went into wielding the automatic weapon, turning it into an instrument of mass destruction. Kasab and nine other terrorists were carefully watched by "ustads" (trainers) who imparted not just arms training, but also held indoctrination sessions.

The attackers were told they were targeting India's economic might by shooting down foreign nationals in Mumbai. "We had to attack places such as Malabar Hill, the Taj and Oberoi Hotels that were frequented by foreigners. We had to specifically kill Americans, British and Israelis," Kasab's confession says.

"Lakhvi and Saeed divided us into pairs — the buddy system. He made five buddy teams of us 10 mujahids. Lakhvi said that on the 27th day of Ramzan, we would launch a fidayeen attack on Mumbai," said Kasab. "We had to set fire to Taj and Oberoi Hotels and also plant bombs around them. The bombs were meant to lead to chaos and traffic jams. This would have prevented security forces from reaching us on time," he continues.

At CST, Kasab was ordered to fire indiscriminately and "not distinguish between Hindus and Muslims". But the brief was different for the hotel sieges: the terrorists were told to single out foreigners and spare the Muslims.

An enigmatic character who crops up in Kasab's statement is a "Major General Sahab" who visited a camp at Baitul Mujahid to oversee their progress and skills. Kasab claims to be the best shooter of the group and Imran Babar, the worst.

Skills to hoodwink the Indian naval and police forces were also part of a one-month training module. The terror recruits were taught to pretend to be fishermen and assume false identities. Kasab was `Sunil Devesh Chaudhary' from Hyderabad. "We were trained to go without food for 60 hours, but yet be able to climb mountains with a heavy bag," he says in his confession, adding that "this training was very difficult and tough, and 10 cadet mujahids ran away".
 

Daredevil

On Vacation!
Super Mod
Joined
Apr 5, 2009
Messages
11,616
Likes
5,705
Right to fair trial is fundamental right to even non citizen, at time of peace their must be some one to defend an accuse, how so serious charges their may be.

as far as accused argument of being juvenile is concern, he (Amir Kasab) should be send for medical examination. once report is given only then Court will decide if he is juvenile or not.
Err..how can one determine the age of a person by medical tests?.
 

Yusuf

GUARDIAN
Super Mod
Joined
Mar 24, 2009
Messages
24,322
Likes
11,624
Country flag
From the xrays done on the wrists, one can determine the age of a person. It will obviously not give you years,months and days, but a ballpark figure.
 

Yusuf

GUARDIAN
Super Mod
Joined
Mar 24, 2009
Messages
24,322
Likes
11,624
Country flag
Here you go.

Bone age is a way of describing the degree of maturation of a child's bones. As a person grows from fetal life through childhood, puberty, and finishes growth as a young adult, the bones of the skeleton change in size and shape. These changes can be seen by x-ray. The "bone age" of a child is the average age at which children reach this stage of bone maturation. A child's current height and bone age can be used to predict adult height.
At birth, only the metaphyses of the "long bones" are present. The long bones are those that grow primarily by elongation at an epiphysis at one end of the growing bone. The long bones include the femurs, tibias, and fibulas of the lower limb, the humeri, radii, and ulnas of the upper limb (arm + forearm), and the phalanges of the fingers and toes. The long bones of the leg comprise nearly half of adult height. The other primary skeletal component of height is the spine and skull.
As a child grows the epiphyses become calcified and appear on the x-rays, as do the carpal and tarsal bones of the hands and feet, separated on the x-rays by a layer of invisible cartilage where most of the growth is occurring. As sex steroid levels rise during puberty, bone maturation accelerates. As growth nears conclusion and attainment of adult height, bones begin to approach the size and shape of adult bones. The remaining cartilaginous portions of the epiphyses become thinner. As these cartilaginous zones become obliterated, the epiphyses are said to be "closed" and no further lengthening of the bones will occur. A small amount of spinal growth concludes an adolescent's growth.
Pediatric endocrinologists are the physicians who most commonly order and interpret bone age x-rays and evaluate children for advanced or delayed growth and physical development.
 

Flint

Senior Member
Joined
Mar 10, 2009
Messages
1,621
Likes
153
Didn't he retract his confession claiming that it was extracted under torture?
 

Yusuf

GUARDIAN
Super Mod
Joined
Mar 24, 2009
Messages
24,322
Likes
11,624
Country flag
What does a criminal do during a trial after giving confession? Standard practice is to say that the confession was taken under duress. The pictures released of him showed him hale and hearty.
 

Flint

Senior Member
Joined
Mar 10, 2009
Messages
1,621
Likes
153
Yes Yusuf I'm aware. Its Standard Procedure for any criminal trial.
 

Yusuf

GUARDIAN
Super Mod
Joined
Mar 24, 2009
Messages
24,322
Likes
11,624
Country flag
26/11 case: 109 witnesses to be examined

The prosecution in the Mumbai terror attack case on Saturday informed the special court that it would examine more than 100 witnesses including those from Federal Bureau of Investigation (FBI) and foreign experts to establish the complicity of Mohamamad Amir Ajmal Kasab and other accused.

Special public prosecutor Ujjwal Nikam said about 1,820 witnesses have been cited in the case but only 109 potential witnesses will be examined.

Nikam gave a graphic account of the evidence gathered by the police against Kasab and co-accused Fahim Ansari and Sabauddin Ahmed.

Nikam said that five Global Positioning System (GPS) instruments have been recovered.

"Two GPSs from Taj Mahal hotel, one from Oberoi Hotel and one GPS from Nariman house were recovered after the terror attack. The instruments have been sent for analysis to USA," he said.

'Can end Kasab case in 6 months if defence helps'
Kasab trial day 1: Chilling confessions stun court
Pak Maj-Gen was happy with Kasab's gun skill
Kasab charged under tough laws, faces death
The prosecutor said that he would rely upon the experts' opinion on the data pertaining to land and sea routes used by the accused to reach the shores of Mumbai to commit the terror attacks.
 

Latest Replies

Global Defence

New threads

Articles

Top