Concluding his final arguments in the 26/11 case on Monday, advocate K.P. Pawar, representing Mohammad Ajmal Amir Kasab, said his client was innocent and appealed to the court to acquit the lone surviving gunman.
“I [Kasab] am not remotely connected with the case. A rustic person like me came from Pakistan [to Mumbai] in lure of watching movies and got embroiled in this case. I request the court to pronounce me innocent and acquit me,” Mr. Pawar stated on behalf of the accused.
He sought to falsify Kasab's judicial confession by contending that it was “not voluntarily recorded,” “not genuine” and the procedure of recording itself was marred by “irregularities,” where “each point is tailored along the happenings [of 26/11].” He also pointed out that Kasab was in the police custody for a prolonged period of time — from the intervening night of November 26, 2008 to February 17, 2009.
As for the “disclosure statement” of Kasab, recorded right after he was apprehended, the defence said it carried neither Kasab's signature, nor his thumb impression. Given that he had injured his right hand, the left hand was available for thumb impression. Its absence “shows that the statement was not disclosed by Kasab,” Mr. Pawar said.
He refuted the evidence produced by ballistic experts. He argued that they had no “special training in ballistics.” In the same vein, he attempted to disprove the evidence of police official Shalini Sharma, who translated the transcripts of the conversations between the attackers and the handlers.
“The translations were not done by an expert translator. Moreover, the translator being a police personnel, the meaning which served the purpose of the police has been inserted,” he contended.
Witness testimonies pertaining to the death of Sub-Inspector Tukaram Ombale were also argued out. Mr. Pawar said all the witnesses of the Girgaum chowpatty encounter were police officers whose evidence was “inconsistent” and the prosecution had not examined any independent witnesses.
On Tuesday, R.B. Mokashi, defence lawyer of the accused Fahim Ansari, is slated to begin his arguments.