Public promises by the Maharashtra Government and Mumbai Police to file a chargesheet for the 26/11 attacks within 60 days are unlikely to be kept as a series of legal and procedural formalities have not been completed.
Sources said this became evident on Monday by the fact that the Mumbai Police are yet to receive the necessary official sanction to file a chargesheet against Ajmal Amir Kasab,the lone terrorist caught alive,and the other accused under different sections of the Indian Penal Code (IPC),the Criminal Procedure Code (CrPC),the Explosives Substances Act,the Arms Act,the Customs Act and the Unlawful Activities (Prevention) Act (UAPA).
They said the sanction for Section 121 of the IPC relating to waging war against the nation is granted by the state Government,and is expected to be received shortly. However,sanction for Section 188 of the CrPC relating to dealing with an offence committed by a foreign national in a foreign country the conspiracy allegedly hatched in Pakistan in this case and then applying it to a resulting crime in India,is yet to be received from the Central Government.
Sanction to prosecute under sections of the Explosive Substances Act and the Indian Arms Act are granted by the Mumbai City Collector and the Mumbai Police Commissioner,respectively.
While the sanction for Section 121 and Section 188 is under process,sanction for filing a chargesheet under the Explosives Substances Act and the Arms Act is also yet to be received as the complete chemical analysis and ballistics report is still awaited. It will just not be possible to file a proper chargesheet in the case by January 26, said a source.
Moreover,for UAPA to be applied in the case,the investigating officer in the case should be of the rank of Assistant Commissioner of Police. Currently,a Senior Police Inspector is directly overseeing the 12 different offences which are to be clubbed together while filing the chargesheet. According to sources,besides these approvals,other procedures are also incomplete.
While the media got wind of Kasabs identification parade carried out at Arthur Road Jail last month,another identification parade was secretly conducted inside the jail after surrendering Kasab for two days of judicial custody five days ago, said the source.