Exit Kazmi,enter Pawar

Last week,judge M L Tahaliyani called Kazmi a liar after he had claimed ignorance of the fact that the prosecution was likely to submit formal evidence in the form of affidavits. He was,however,pardoned after an apology.

In its order on Monday,the judge made harsh comments on Kazmi’s attitude in court. “The right of the accused to have a just and fair trial does not mean that the advocate appointed by the court shall take advantage of this situation and drag the trial. It appears that Kazmi has developed a feeling that he has become indispensable and that without him the court cannot work and the trial cannot be completed without his contribution. In my view this feeling is necessary to be erased immediately.”

The judge said Kazmi should hand over his copy of the chargesheet,evidence and other orders to Pawar. He observed,“If this situation is allowed to continue,it will give a wrong signal inside and outside the court.” After passing the order,Tahaliyani said,“Now you have been removed,please leave the court now”.

A visibly disturbed Kazmi left in a taxi instead of the police jeep assigned to him. He could not be contacted for comment.

Tahaliyani’s order explained: “The interest of justice necessarily includes the interest of the prosecution also. One should not be under the wrong impression that the interest of justice means the interest of accused only.”

The dismissal came soon after proceedings began. Special public prosecutor Ujjwal Nikam submitted affidavits of 71 witnesses,all relatives who had claimed victims’ bodies. Tahaliyani asked Kazmi for his opinion whether the evidence could be taken on record.

Kazmi submitted that all the 340 affidavits were not formal in nature and that he needed to examine each of them. He also moved an application. The judge kept asking him about the 71 affidavits submitted. The judge advised Kazmi on the formal nature of the evidence,and how it would not be prejudicial to his case if taken on record. The judge asked Kazmi whether he had brought the affidavits; Kazmi had not. At this point,the judge told Kazmi he should withdraw or face the court’s action. Kazmi replied he would not withdraw and was ready to face action. The order followed.

Appointing Pawar,the judge noted,“It was because of Pawar’s assistance that Kazmi was able to cross-examine witnesses. Pawar is well conversant with Marathi and since most papers in the chargesheet are in Marathi,Kazmi was able to follow them because of Pawar.”

Tahaliyani asked Kasab if he had anything to say. Kasab stood up and nodded.

Nikam later said,“It was an unfortunate episode,but the court was compelled to take such a decision. Kazmi’s removal won’t affect the progress of the trial.”

In the second half of the proceedings,Pawar thanked the court and accepted the 71 affidavits.