The Supreme Court will pronounce on Wednesday its verdict on Pakistan national Ajmal Kasab’s plea against the death sentence awarded to him by the trial court in the 26/11 terror attacks case. On October 10, 2011, the Supreme Court stayed his execution on his appeal. A Bench of Justices Aftab Alam and C.K. Prasad appointed senior counsel Raju Ramachandran to defend Kasab. Mr. Ramachandran contended that Kasab was not given a fair trial as he was denied a lawyer to defend his case.

No access to lawyer

There was evidence to show that he had no access to any lawyer at any stage, till the trial court assigned him one. He cited several other “procedural irregularities” to back his claim that there had been no free and fair trial.

But senior counsel Gopal Subramanium, who appeared for the Maharashtra government, maintained that Kasab was given a fair trial.

He produced material evidence of Kasab’s involvement in the crime, which was witnessed live.

His arrest proved crucial as he disclosed that the conspiracy was hatched in Pakistan. He said, “Had Kasab not been caught alive, it would not have been possible to know that outsiders were involved in the mayhem, and confusion would have percolated that it was done by insiders.”

Of the 10 terrorists involved in the attacks, Kasab claimed the first casualty, killing the navigator of the Indian boat that the assault team used to reach Mumbai.

“Kasab, who was apprehended at Chaupati…, made a disclosure that he beheaded the navigator of the… boat, Kuber, used by him and nine of his accomplices to reach Budhawar Park in Mumbai.”

Mr. Subramanium produced evidence to drive home the point that the death sentence was justified as the crime was committed barbarically and cruelly.

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