The Hindu : Front Page : Ajmal’s statement set to be sent to Pakistan

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Tuesday, May 05, 2009
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Ajmal’s statement set to be sent to Pakistan

Staff Reporter

Prosecution wants warrants against 35 wanted accused

Steps to be taken to get the wanted accused deported to India
Ajmal’s lawyer to argue when prosecution seeks to prove charges

Mumbai: A certified copy of the confessional statement given by Mohammad Ajmal Amir Kasab, the lone surviving attacker of November 26, 2008, will be sent to Pakistan as part of evidence in the case.

Special Public Prosecutor Ujjwal Nikam moved an application to that effect before the Special Sessions Court at the Arthur Road jail on Monday.

Scientific evidence comprising forensic reports relating to five Global Positioning System sets and satellite phones will be given to Pakistan. Mr. Nikam said Pakistan has arrested some persons who are accused in the 26/11 case and would need this evidence to prosecute them.

On Monday, Mr. Nikam asked the court for non-bailable warrants against the 35 wanted accused persons in the case.

The prosecutor told journalists that steps would be taken to get the wanted accused deported to India. Among them are top Lashkar-e-Taiba leaders Zaki-ur-Rehman Lakhvi, Abu Hamza, Abu Kaahfa, Zarar Shah and Hafiz Saeed.

Charges against the three accused in the case — Ajmal, Fahim Ansari and Mohammad Sabahuddin Ahmed — are likely to be framed on Wednesday. Only one accused, Sabahuddin, has argued for discharge from the case.

Ajmal’s lawyer Abbas Kazmi on Monday made no submission from his client’s side, saying he would argue when the prosecution seeks to prove the charges.

Ansari’s lawyer Shahid Azmi on Monday contested the charge of “waging war against the government of India,” an offence under Section 121 of the Indian Penal Code. He referred to that part of Ajmal’s confession where he speaks of the capture of Kashmir as the motive behind the attacks.

Mr. Azmi argued that under Section 18 of the IPC, the definition of India excluded Jammu and Kashmir. Thus, the motive of Kashmir’s liberation could not be classified under Section 121. Moreover, the term “government of India” was repealed from the Section in 1937. He said that as per the illustrations of the Section, it applied only to citizens.

Countering Mr. Azmi’s contention, Mr. Nikam told the media that although the IPC excluded J&K, that did not mean it was not an integral part of India. “The fact that India was chosen as a target, justified the charge of waging war. We have to look at the cumulative effect of the attacks,” he said.

The court is still to receive sanction for charges under the Customs Act. Sanctions for other Acts have been furnished. Without such sanctions, the court cannot take cognisance of offences.

Mumbai Terror-Comprehensive Coverage

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