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Appointment of Ajmal’s lawyer revoked by court

— PHOTO:AP

CLASH OF INTEREST: Anjali Waghmare, the state-appointed lawyer for Mohammed Ajmal Amir ‘Kasab’, the Pakistani gunman charged in last November’s Mumbai terror attacks, comes out of the Arthur Road Jail in Mumbai on Wednesday. She was barred from representing the terrorist because of a conflict of interest, a special judge said.

Mumbai: In a sudden twist to the November 2008 Mumbai terror attacks case, the special court at the Arthur Road Jail on Wednesday revoked the appointment of Anjali Waghmare, defence lawyer for Mohammad Ajmal Amir Kasab, the lone gunman captured alive.

The court ruled against Ms. Waghmare on the premise that she was silent about her representation of a 26/11 victim in a compensation case, at the time of her appointment as Ajmal’s lawyer on March 30.

The victim (in the Cama Hospital attack) is also a witness in the case. Judge M.L. Tahaliyani noted that there had been ample opportunity for Ms. Waghmare to disclose to the court that she was representing the victim.

He said he had specifically asked her if the victim was a witness and she had replied in the nagative. However, the charge sheet lists him as a witness.

On Wednesday, email communication between the victim and Ms. Waghmare was produced before the court. Ms. Waghmare conceded to having prepared a draft for the victim, but maintained that she had received no case briefing.

Apart from the ground of non-disclosure, Mr. Tahaliyani observed, the interests of the victim and the accused clashed, thus compromising the propriety of Ms. Waghmare’s appointment. It did not appear appropriate to continue Ms. Waghmare for accused number one [Ajmal], the judge said.

Advocate K.P. Pawar, who was appointed to assist Ms. Waghmare, will, however, continue in the case.

Ms. Waghmare’s appointment from Maharashtra’s legal aid panel was challenged by advocate K.B.N. Lam last week.

He questioned her impartiality on the ground that despite being defence counsel, she had contact with a prosecution witness.

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