Free-Kashmir charge fails to convince court

On April 20,while submitting the draft charges,special public prosecutor Ujjwal Nikam had argued that all acts committed by the accused were part of a conspiracy hatched in Pakistan to wage war against India and aimed at capturing Jammu and Kashmir. However,while framing the 86 charges the court did not accept the plea. The court,however,did frame charges under IPC section 121 for waging war against the nation.

The prosecution charge was based on Kasab’s reported confession that “Amir Hafeez Saeed told all mujahideen they have to fight to free Kashmir. Zaki-Ur-Rehman Lakhvi told us this was the time for war; he said our community has been fighting for Kashmir for 15 years”.

Defence lawyer Shahid Azmi,representing Fahim Ansari,had argued that “India”,as per IPC,means the territory excluding Jammu and Kashmir. Further he had said,an attack in Mumbai could in no way help the cause of liberating Jammu and Kashmir.

Today,Azmi said,“The court seems to have accepted my arguments.”

Nikam could not be reached for comment.

Legal expert Majid Memon said the dropping of the alleged Kashmir objective wouldn’t have any bearing on the case. “It is just that at this point the court is not convinced with this proposition. During the trial a charge can be added,deleted or altered anytime.”

The prosecution today examined three witnesses,all doctors at B Y L Nair Hospital and Hurkishandas Hospital,among whom Dr Shailesh Mohite had performed an autopsy on slain terrorist Abu Ismail.

Notes from The courtroom
Stomachache
During the second half of the hearing,Kasab complained of stomach pain. This was when he was pulled up by the court for talking to co-accused Fahim Ansari in the dock. However,the court found Kasab smiling and asked him,”Why do you smile if you have stomachache? Sit down,you will be all right,otherwise we will call the doctor.” The judge then added,”Don’t worry the media is watching it and have recorded it.” Turning to lawyers,he said “He does things for the media now.”