Presenting his arguments for the charge of waging war under section 121 of the Indian Penal Code (IPC), Special Public Prosecutor Ujjwal Nikam on Wednesday contended that the intention of the handlers to kill Israeli nationals in the 26/11 attacks was to disrupt the friendly ties between India and Israel. The aim of liberating Kashmir and the choice of Mumbai as the target, all amounted to the waging of “a proxy war” with India.
Mr. Nikam said, according to Mohammad Ajmal Amir Kasab's judicial confession, “All attackers were told to selectively kill American, British and Israeli nationals for the injustice done [by their respective countries] to Muslims. Agar yeh log [the Holtzberg family] mare jate hai to unke desh ke talukat kharab ho sakte hai [If the Holtzbergs are killed, relations between the countries can sour].”
The prosecutor argued: “The reason given was to arouse communal sentiments, but the hidden intention was to wage war. Handlers gave Imran Babar [one of the two terrorists at Nariman House] clear instructions to kill Israelis to spoil the friendly relations between India and Israel. So that they [Israel] start a fight against India.”
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However, judge M.L. Tahaliyani asked Mr. Nikam if the intention could really be taken as inciting a war between the two countries instead of being related to the “so-called atrocities by Israel on Palestine as we know it.”
“We are concerned with the idea [behind the acts of the 26/11 accused] and not with their [attackers'] sense of right and wrong or their cause,” Mr. Tahaliyani pointed out.
Through telephonic conversations, the handlers instructed the Nariman House attackers to put forth a set of demands, namely “asking for the release of prisoners, handing over Muslim states to the Muslims and withdrawing troops from Kashmir,” Mr. Nikam said.
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Found napping
Throughout the proceedings, Kasab was found napping and at one point had to be roused out of his slumber.