26/11 Mumbai attacks: Trial and related developments

[nrj]

Mumbai probes could put US, Pakistan on collision course'

The continuing probes into the Mumbai terror attacks that have established the links between its perpetrators and Pakistan's intelligence agency ISI could put Washington and Islamabad onto a collision course, an investigative report released by ProPublica said. "The Mumbai case could put Washington and Islamabad on a collision course," veteran journalist Sebastian Rotella said in his latest investigative report, which was released on January 26, on the Mumbai terrorist attacks.

US Attorney General Eric H Holder has vowed to prosecute the killings of the six Americans as required by law, Rotella said, adding that the prosecutions for the Mumbai and Denmark plots are being led by Patrick Fitzgerald, the US Attorney in Chicago.

Rotella said at least half a dozen suspected masterminds of the Mumbai attacks are still at large and it is unlikely that Pakistan would extradite any suspects to the US.

Pakistani courts tend not to convict accused radical Islamists, he said, adding that the Pakistani government denies any official link to the 2008 terrorist attacks. "Why should there have been involvement of the Pakistani government in the Mumbai attacks at a time when Pakistan and India were dealing seriously with issues between them?" a senior Pakistani official was quoted as saying.

"The Mumbai incident provided a pretext for India to shy away from settling the contentious issues between the two countries," the official alleged. Rotella said the question of Pakistani government involvement drives a high-stakes debate about whether the ISI participates in terrorist activity.

"For the first time you have an American talking about this agency not just being aware of, but involved in, a terrorist plot," Gohel, a London security consultant was quoted as saying.

"What have the last nine years since 9/11 been about? And all the money from the US taxpayers to fund and stabilize Pakistan? Is that money being used for terrorism?" he asked. According to the ProPublica report, some Western anti-terrorism officials think that, at most, Pakistani intelligence officers provided limited state support for the Mumbai attacks.

A senior US counter-terrorism official believes a few mid-level Pakistani officials had an inkling of the plot, but that its dimensions surprised them. "US intelligence officials do not see evidence that ISI chiefs made an 'institutional, top-down decision' to attack Mumbai," another US official said. "Some feel that Headley's nuanced narrative tends to exonerate the top spymasters," the veteran journalist wrote.

HT

 

[Yusuf]

MUMBAI: A little over 26 months since 10 Pakistani gunmen laid siege to the city on 26/11 in 2008, the Bombay high court is now busy dictating the judgment in the lone arrested gunman Ajmal Amir Kasab's appeal against his conviction and death confirmation.

The court is likely to announce the date of judgment on February 7, or it may even pronounce its verdict on that day.

through its unprotected coast on 26/11 and laid a siege to the city for three days, killing more than 100 and injuring hundreds more.


While the Bombay high court bench headed by Justice Ranjana Desai is busy dictating the judgment in the lone Gunman convicted Ajmal amir Kasab's appeal against conviction and his death confirmation case,


The convict, who along with his associates, went on the rampage, killing more than 100 and injuring many more on November 26, 2008, is lodged in the Arthur Road prison.


The appeal hearing-that went on a day-to-day basis with Justice Ranjana Desai posing sharp and insightful questions to both the prosecution and the defence-ended on January 17 and the judges have reserved the judgment. As February 7 approaches, there is palpable interest in the media circles, with members of the international press already in the city.


While special public prosecutor Ujjwal Nikam-also the prosecutor before the special trial judge M L Tahaliyani who handed out capital punishment to Kasab-says the short, slightly-built trained terrorist deserves nothing less, his advocates, Amin Solkar, Santosh Deshpande and Farhana Shah -all appointed as legal aid-contested both the conviction and the sentence.


For four weeks, Nikam argued in support of the confirmation of the death penalty and he spent two weeks, putting forth his views on why the acquittal against the Indian duo, Faheem and Sabauddin, ought to be set aside. The trial judge has placed a cogent case when he acquitted the two of charges of making and giving out a map of vital targets to the LeT operatives. , said their defence advocate.


Nikam pointed out that even after being awarded a death penalty by the trial court, the remorseless Kasab resorted to false defences as well as wild allegations and even spat on cameras during video conference hearing. His crime was the rarest of rare, Nikam said.


, adding that Kasab, along with his associate, Abu Ismail, had planned to continue the carnage at Malbar Hills but they were caught before that.


In the gunman's defence, one of the main arguments is that Kasab and Abu Ismail's encounter with the police and his subsequent arrest have not been proved conclusively. According to the defence lawyers, the policemen who claimed to have shot Ismail improved their version later and changed the scene of offence, with discrepancies creeping in.


About Kasab's arrest, they said all the closed-circuit television cameras at CST were under maintenance, as told by a witness. They also said it had not been proved that the three top policemen, including Hemant Karkare, were killed by bullets fired by Kasab.


Read more: Will Kasab's fate be sealed on Monday? - The Times of India http://timesofindia.indiatimes.com/...-Monday/articleshow/7428326.cms#ixzz1D545U8rY

 

[Oracle]

Pakistan denies permission to NIA to visit for 26/11 probe

Pakistan has refused permission to a team of India's National Investigation Agency to visit that country to interrogate the masterminds of the 26/11 terror attacks and gather evidence against them.

The refusal comes at a time when India is considering a request from Pakistan to send a judicial commission in New Delhi to interview key witnesses and other officials in connection with the trial of seven suspects in 26/11 Mumbai terror attacks case in Pakistan.

In a communique, Islamabad conveyed to New Delhi that the law of that country does not allow a probe by any foreign agency in any case there, sources said.

It conveyed that Pakistan's request to send a commission to India cannot be equated with the Indian plea as Islamabad has sent the request following a court proceeding. Islamabad also told New Delhi that there was no Mutual Legal Assistance Treaty between the two countries and so the request cannot be accepted.

However, sources said, Pakistan's refusal to allow the NIA team to visit that country was another tactic to delay the probe into Mumbai terror attack case as New Delhi would like to send the team only after approval of the relevant court.

India is also suspicious about Pakistan's sincerity as it is yet to hand over the voice samples of the masterminds of the Mumbai attack, as promised earlier, citing a lower court order.
Sources said if Islamabad had the sincerity to bring the perpetrators of the crime to justice, it would have approached the concerned high court or the Supreme Court of Pakistan to challenge the lower court order.

Last month, Home Secretary Gopal K Pillai had said "no real investigation" has taken place in Pakistan and the prosecution's attempt in that country to bring the 26/11 guilty to justice "has not moved an inch" even as India's request for providing the voice samples of the handlers of the attackers has fallen on deaf ears.

When Home Minister P Chidambaram had asked for action against the 26/11 perpetrators and voice samples of handlers of the attackers during his Islamabad visit last year, his Pakistani counterpart Rehman Malik told him that "you would not be disappointed by our response".

Pillai had said, "Seven months down the line, there is no Pakistani response. We are disappointed."

No key person, who was actually involved in the 2008 Mumbai terror strikes or giving directions to the attackers, has been arrested in Pakistan. Only second or third-level conspirators were put behind the bars. "That is not a real investigation," he had said.

On the eve of the second anniversary of the Mumbai terror attacks in November last year, India had conveyed to Pakistan that "substantive and verifiable" progress has not been made in the probe into Mumbai attacks case in that country.

Source

 

[Tshering22]

Just kill the scum already!

 

[Yusuf]

The High Court has upheld the death sentence.

 

[Oracle]

 

[Yusuf]

MUMBAI: Bombay high court has upheld the death sentence to Pakistani terrorist Mohammed Ajmal Kasab.

Delivering its verdict in the 26/11 case the court upheld the judgement of the trial court rejecting Kasab's plea for a life sentence.

The trial court had sentenced Kasab to death on five counts.

However, the high court provided relief to the two Indians accused in the case Fahim Ansari and Sabauddin Ahmed.

The two, who were charged with drawing and handing over maps of targets in Mumbai to the Pakistani terrorists, were acquitted by the high court.

The Maharashtra government had filed an appeal against their acquittal by the trial court.

Earlier on the judgement day, Kasab offered prayers and recited verses of the Holy Quran in his cell at Arthur Road Jail.

"Kasab woke up early today and offered prayers in his cell", jail sources said.

The High Court delivered its verdict on Kasab, nine months after he was awarded death penalty by the trial court for the death of 166 persons in the terror attacks.

The 24-year-old convict, hailing from Faridkot in Punjab province of Pakistan, would appear on screen before the court through the medium of video conference.

Kasab told his lawyer Farhana Shah on Saturday last that he would hear the verdict through video conference. He also appeared to be nervous and did not talk much, Shah said.

Read more: 26/11: HC upholds death sentence for Kasab - The Times of India http://timesofindia.indiatimes.com/...r-Kasab/articleshow/7537753.cms#ixzz1EZS7EI00

 

[mayfair]

"However, the high court provided relief to the two Indians accused in the case Fahim Ansari and Sabauddin Ahmed."

This bit worries me. It's hard to imagine terrorists wreaking havoc without local assistance- maps, directions, logistics etc. It's entirely possible that these two are innocent, but either way we may have missed some of the real culprits.

 

[amitkriit]

"However, the high court provided relief to the two Indians accused in the case Fahim Ansari and Sabauddin Ahmed."

This bit worries me. It's hard to imagine terrorists wreaking havoc without local assistance- maps, directions, logistics etc. It's entirely possible that these two are innocent, but either way we may have missed some of the real culprits.

I don't think that our intelligence agencies will ever let them(Fahim Ansari and Sabauddin Ahmed) live in peace. I was expecting the final verdict within 1 month but it has taken years. Our dear guest Kasab lives on our hard-earned money which we paid as taxes, while our fellow countrymen are dieing of hunger and desease.

 

[The Messiah]

"However, the high court provided relief to the two Indians accused in the case Fahim Ansari and Sabauddin Ahmed."

This bit worries me. It's hard to imagine terrorists wreaking havoc without local assistance- maps, directions, logistics etc. It's entirely possible that these two are innocent, but either way we may have missed some of the real culprits.

Indeed.

But you know how our police works....picks up usual suspects in the criminal circle without sufficient evidence.

I wonder what kasab told them about local help ? clearly he must have known something.

 

[Oracle]

'I want to hang Kasab in public view'

Hangman Mammu Singh says that it is his wish to execute Pakistani gunman Mohammad Ajmal Kasab, who has been sentenced to death in the 26/11 case.

The 62-year-old hangman says he want to hang Kasab in public view, if given permission.


'Mammu jallad,' as he is popularly known as, says hanging Kasab in public would send a strong message to the world that enemies of the country will meet a similar fate.


Mammu hails from a family of hangmans. His grandfather Ram Rakha had executed Bhagat Singh during the British period. His father Kallu Singh, who was also involved in the same profession, hung notorious criminal duo Ranga and Billa in 1981, besides executing killers of Indira Gandhi.

Mammu, who has so far executed more than 12 convicts, said he would feel proud in hanging Kasab in Meerut jail where eight convicts are awaiting their turn for the gallows.

Bombay high court on Monday confirmed gallows to the lone surviving Pakistani gunman in the 26/11 Mumbai terror attacks case.

Source

 

[youngindian]

WikiLeaks: NIA is legally weak, Chidambaram told US official

Saturday, March 19, 2011, 13:05

New Delhi: The WikiLeaks revelations continued to embarrass the government on Saturday, with the latest cable published by a leading English newspaper claiming Union Home Minister P Chidambaram had confided to a senior US official that the National Investigation Agency (NIA) was legally weak.

The NIA was set up by an Act of Parliament post the 26/11 Mumbai terror attacks, after Chidambaram was moved from the Finance Ministry to the Home Ministry, with an aim to ensure better co-ordination among various investigating agencies.However, just two months after the NIA came into being, Chidambaram told the US Federal Bureau of Investigation (FBI) director Robert Mueller that the agency didn't have enough legal protection as its powers could be challenged in the court for violating constitutional provisions on Centre-State relations, the English newspaper said quoting a secret US Embassy cable dated March 4, 2009, accessed through WikiLeaks.

During a meeting in New Delhi on March 3, 2009, Chidambaram confided to Mueller that the NIA was a "new weapon in hand to combat terrorism" but its constitutionality was doubtful.

As per the Act, NIA has the powers to supersede police of any state while probing and trying suspects for offences under Acts specified in its Schedule.

Offences related to acts of terrorism like hijacking, bomb blasts, attacks on nuclear installations and any others deemed as challenging India's sovereignty and integrity come under the purview of the NIA Act.

"[Mr Chidambaram] conceded that he was coming 'perilously close to crossing constitutional limits' in empowering the NIA. He explained the concept of a 'federal' crime does not exist in India, with law and order the responsibility of the state governments," Charge d'Affaires Steven White said in the cable about the meeting.

Chidambaram had during the meeting "opined that the NIA law would be challenged in court because it ascribes certain investigating powers to the NIA which may be seen to conflict with responsibility that is exclusively with the states".

Mueller on his part told Chidambaram that in the US the Constitution empowers the FBI when crimes "cross states borders".

Read more: http://www.zeenews.com/news694270.html#ixzz1H2Hp4Hdo

 

[chex3009]

Pakistan to allow India to question 26/11 suspects

New Delhi, March 29 (IANS) Pakistan has agreed to allow an Indian team to question the 2008 Mumbai terror attack suspects being prosecuted there as the home secretaries of the two countries Tuesday concluded their two-day talks on a positive note.
According to a joint statement issued at the end of the two-day talks, Pakistan has agreed to allow a team of Indian investigators to question some Lashkar-e-Taiba terrorists who are presently lodged in a jail in that country.
The modalities and dates of the team's visit would be decided later, an official told IANS.
Home Secretary G.K. Pillai and his Pakistani counterpart Qamar Zaman met in what is seen as a first step towards advancing the re-initiated peace process stalled after 10 Pakistani terrorists slaughtered 166 people in Mumbai in 2008, almost triggering an India-Pakistan war.
Among the issues the two sides discussed during the talks were the trial of the Mumbai terror suspects in Pakistan, the Samjhauta Express blasts probe, easing of visa norms, narcotics control and smuggling of fake Indian currency notes.
India provided details of the probe into the Samjhauta Express blasts to a team of Pakistani interior ministry officials.

Report : Yahoo News

 

[sandeepdg]

GPS in 'Kuber' matches with carton found in Karachi


NEW DELHI: In yet another firm pointer to Pakistan's link with Mumbai terror attack, the packing carton of the Global Positioning System (GPS) used by the terrorists has been found in a house in Karachi which was believed to have been used as a control room for orchestrating the 26/11 strike.

India will share with Pakistan all information related to the GPS device, used by the 26/11 attackers to navigate in Indian waters on fishing trawler 'Kuber', to help authorities in that country establish the role of Pakistani terrorists. The information will help Pakistan to match the details of the GPS with the packaging carton of the device which has been recovered by Pakistani investigating agencies in Karachi.

The packaging carton of the GPS device was found by the Pakistani investigators in a Karachi house, believed to be used as a control room during the four days of mayhem in Mumbai in November 2008 carried out by LeT terrorists.

The number, model of GPS and packaging date of the carton match with the device found in the fishing trawler 'Kuber', officials privy to investigations said. This will further strengthen India's claim the 26/11 attackers had come from Pakistan and help the prosecution there in pursuing the terror case against seven accused.

India will share this information with the Pakistani judicial commission when it visits India to take the statement of the magistrate who had recorded the confessional statement of Kasab.

GPS in 'Kuber' matches with carton found in Karachi - The Times of India

 

[sandeepdg]

GPS in 'Kuber' matches with carton found in Karachi


NEW DELHI: In yet another firm pointer to Pakistan's link with Mumbai terror attack, the packing carton of the Global Positioning System (GPS) used by the terrorists has been found in a house in Karachi which was believed to have been used as a control room for orchestrating the 26/11 strike.

India will share with Pakistan all information related to the GPS device, used by the 26/11 attackers to navigate in Indian waters on fishing trawler 'Kuber', to help authorities in that country establish the role of Pakistani terrorists. The information will help Pakistan to match the details of the GPS with the packaging carton of the device which has been recovered by Pakistani investigating agencies in Karachi.

The packaging carton of the GPS device was found by the Pakistani investigators in a Karachi house, believed to be used as a control room during the four days of mayhem in Mumbai in November 2008 carried out by LeT terrorists.

The number, model of GPS and packaging date of the carton match with the device found in the fishing trawler 'Kuber', officials privy to investigations said. This will further strengthen India's claim the 26/11 attackers had come from Pakistan and help the prosecution there in pursuing the terror case against seven accused.

India will share this information with the Pakistani judicial commission when it visits India to take the statement of the magistrate who had recorded the confessional statement of Kasab.

GPS in 'Kuber' matches with carton found in Karachi - The Times of India

 

[chex3009]

India may get access to Headley again

 

[nitesh]

this is interesting, I suggest to declare pakistan as "non state", as they can no maintain law and order inside there borders

The Hindu : News / International : Pakistan rejects call for action against LeT leaders

Pakistan has rejected calls by the United States to prosecute intelligence officers and top Lashkar-e-Taiba commanders indicted by a federal court for their role in the November, 2008 attack on Mumbai, a highly-placed diplomatic source has told The Hindu.

In meetings last month with Hillary Clinton, the United States Secretary of State, Pakistani officials said that action against the Lashkar could spark off a war within Pakistan.

"They said there were thousands, of trained cadre with the Lashkar who would become impossible to control if their leaders were arrested," the source said. "Instead, they said they would maintain strict watch over the Lashkar, and slowly work to dismantle its military capabilities."

Pakistani officials also protested against what they see as increasingly intrusive Central Intelligence Agency operations targeting the Lashkar — operations which, earlier this year, sparked off a showdown that ended with the arrest of an American intelligence contractor Raymond Davis, on charges of murdering two men in Lahore.

David Headley, a Lashkar agent who conducted reconnaissance for the Mumbai attacks, told a Chicago court last week that his operation was funded and facilitated by an intelligence officer he knew as "Major Iqbal."

Rehman Malik, Pakistan's Interior Minister, however, dismissed Headley's testimony, saying he was a "criminal and a convict." "This man has no credibility and cannot be trusted," Mr. Malik said.

Last year, Pakistan had sent India a dossier with 51 questions related to Headley's interrogation by India's National Investigation Agency. Pakistan's Federal Investigation Agency has not, however, sought permission from the United States to question Headley, nor sought his extradition — suggesting the organisation does not intend to pursue his testimony.

Key leaders

Key among the Lashkar commanders indicted by the United States is the organisation's head of transnational operations, Sajid Mir. Long wanted for acts of terrorism involving Australia and France, Mir is the Lashkar's link to dozens of western citizens trained at its camps.

Mir, who trained and tasked Headley, is alleged to have guided the execution of hostages at Chabad House in Mumbai. Last week, The Hindu had revealed that he is still living in his home near the Garrison Golf Club, on the Airport Road in Lahore.

Muzammil Bhat, who holds charge of the Lashkar's armed operations after the 2009 arrest of his immediate superior, Zaki-ur-Rahman Lakhvi, has also been claimed by Pakistan to be evading arrest — but was located by Canadian journalists, Adnan Khan and Michael Petrou, at a safehouse near Muzaffarabad in 2009.

Bhat's immediate subordinate, still known only by the code-name Abu Qahafa and also indicted by the United States for his role in attacks, has also not been located by the FIA.

Legal proceedings against Lakhvi and his subordinate Mazhar Iqbal, the two major Lashkar commanders held for their alleged role in the attacks, has been stalled over procedural issues for several months. The Lahore court where their case is being heard has refused to allow voice samples to be gathered for matching against tapes of intercepted conversations between the Mumbai attackers and their commanders in Karachi.

Pakistan, United States government sources say, has provided assurances that it will rein in the Lashkar, limiting its ability to carry out military operations as it slowly undermines its military capabilities.

Those assurances, though, have been met with scepticism in New Delhi, where intelligence officials say Pakistan has a long record of resiling on similar commitments. Following the December 13, 2001 attack on India's Parliament, Pervez Musharraf, Pakistan's then-president, proscribed the Lashkar and Jaish-e-Mohammad.

Leaders of both groups, however, were released soon after — and the organisations conducted fresh strikes on India.

After the Mumbai train bombings of 2006, Gen. Musharraf personally promised Prime Minister Singh to end terrorism directed at India — but once again failed to act against the Lashkar.

 

[nitesh]

[video]http://www.megavideo.com/?v=9SK8GA81[/video]

 

[SHASH2K2]

Tahawwur Rana held not guilty by US for 2008 Mumbai attacks


CHICAGO: Tahawwur Rana was on Friday held not guilty on charges of involvement in the 26/11 Mumbai attacks by a US federal court which convicted him for providing material support to Pakistan-based terror group LeT and for plotting an attack in Denmark.

The 12-member jury announced the verdict at the end of two days of deliberations against 50-year-old Rana, a Pakistani-Canadian and co-accused in the Mumbai attack with David Coleman Headley.

Court spokesman Randall Samborn said Rana has been convicted of providing material support to Denmark terror plot and also for giving such support to Lashkar-e-Taiba. Rana, however, was not convected for his alleged role in the Mumbai attack.

The verdict came nearly three weeks of trial of Rana at the Chicago court.

"Rana is in a state of shock," his attorney Charles Swiftt said shortly after the judgement.

Prosecutors alleged Rana was aware of the terrorist Mumbai strike and was in contact with the terrorist groups and their leaders in Pakistan. Rana's attorney on the other hand pleaded not guilty and said that Headley, an all time liar, had fooled him.

Pakistani-American Headley, 50, was the government's star witness during the trial.

"Those who died in Mumbai demands justice. You (the jury) will find the truth that this man knew that his trained terrorist friend (Headley) was bent on killing people," US attorney Daniel Collins urged the jury in his final arguments.

Collins argued that Rana knew about the terrorist attack and let Headley use his business for the cover of the Mumbai attack.

Patrick Blegan, Rana's another attorney, said, "We do not know what the jury was thinking."

He said, "We are disappointed". He said this sentencing could result in a maximum of 30 years of imprisonment, 15 years for each of the two counts in which Rana was found guilty.

Blegan said the jury decided that there was no death involved due to Rana providing material support to LeT.

"This is a split verdict. Mumbai part of the verdict is very significant as jury did not find him guilty in the Mumbai terrorists attacks," he said.

Those present in the court room were US attorney Patrick Fitzgerald and assistant attorney Daniel Collins and Vicky Peters, defense attorney Blegen, Rana's wife Samraz Rana their two daughters and mother of Samraz. Blegan and Rana family members looked tense and crestfallen.

Rana was brought in the court from the local prison at 4.30. Jury arrived a few minute later after which the judge pronounced the verdict.

 

[Parthy]

'Pak to give voice samples of 26/11 accused if court allows'

Pakistan on Thursday said it would give India the voice samples of the "criminals" accused in the Mumbai terror attacks within 24 hours after a court gives a go-ahead.

"We want to bring the criminals behind 26/11 to justice. Action on voice samples will be taken in 24 hours after court gives a go-ahead," Interior minister Rehman Malik told an Indian TV channel.

He was responding to reports of delays in pursuing voice samples of 26/11 accused.

India has been demanding voice samples of prime accused, Lashkar-e-Toiba terrorist Zaki-ur-Rehman Lakhvi and others, who were giving instructions to the ten terrorists during the attack on November 26, 2008.

A Rawalpindi court is hearing a case against Lakhvi and six of his accomplices, who have been charged with planning and facilitating the 26/11 strikes.

However the trial has been moving at a snail's pace. Since the trial of the seven Pakistani suspects began in early 2009, the judge has been changed four times.

On June 28, responding to a question on the voice samples, Malik said he had told his Indian counterpart P Chidambaram that Pakistani law does not permit authorities to obtain voice samples without the permission of the accused.

The only physical identification allowed under Pakistani law is thumb impressions and even photographs are not allowed, he had said.

The authorities have now approached a high court in this regard but to obtain voice samples without the permission of the suspects would amount to contempt of court, Malik had said.



'Pak to give voice samples of 26/11 accused if court allows' - The Times of India