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This is an archive article published on July 22, 2009

Handlers said take hostages,kill cops: Kasab

A day after Ajmal Amir Kasab,the lone gunman captured alive during the 26/11 terrorist attack,made a dramatic confession before the special court...

A day after Ajmal Amir Kasab,the lone gunman captured alive during the 26/11 terrorist attack,made a dramatic confession before the special court,the prosecution on Tuesday sought a day’s adjournment to reply to his ‘plead guilty’ statement before the court decides whether to accept or reject it.

On Tuesday,as soon as the court began its proceedings,the court asked Kasab how he had come to know that Pakistan had accepted him as being their national and of the chargesheet being filed in Pakistan against conspirators in the November 26 terror strikes despite having no access to newspapers or television news in jail. Kasab replied: “Duty officials in jail told me.”

He then gave a brief statement and requested the court to send a message to the planners of the 26/11 attack,but the court recorded it as barred from being published in the media,saying that the statement made by Kasab could lead to communal tension.

He also told the court that his handlers had instructed them to take hostages at the Chhatrapati Shivaji Terminus (CST) where 52 people were killed.

“Humko jo target diya gaya tha,CST mein firing karke,logon ko bandhi banana hai aur unko pehle maale pe leke jaana hai (We were told to take hostages at CST,and take them to the first floor),” Kasab told the court. “Aur jo police aur log unko chhudane aayenge,unke saath fight karna (And we should fight the police or those who come to rescue them).”

Kasab,in his statement,said: “Mujhe message dena tha un logon ko,jo is kaam ke liye zimedaar hain (I wanted to give a message to those who are responsible for these actions).” But special public prosecutor Nikam intervened and objected to the statements saying they were unrelated to the trial. “He is sounding like a political leader,” Nikam said.

Thereafter Nikam sought a day’s adjournment,as he needed time to go through the detailed ‘plead guilty’ statement of Kasab and reply on it. “Sir,since I have received the statement just last night,I still have to study it and prepare a detailed reply which needs some time and the court should allow a day’s time,” he told the court.

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Judge M L Tahaliyani told Nikam that every accused under Section 229 of the Criminal Procedure Code (CrPC) has the right to plead guilty at any stage of the trial and the court has to record his statement. It is not a confessional statement but a plead guilty statement. But it is the court’s discretion whether to accept it or not,he said. The court also needed to verify whether Kasab was genuinely pleading his guilt,as there were many charges against him,he said.

Tahaliyani said that there was three options before the court,either to accept it,reject it or take the plea on record and continue with the trial. “The decision can only be taken after the two sides,prosecution and defence,put forth their arguments”,he said.

Defence lawyer Abbas Kazmi who represents Kasab said,“He would argue only after the prosecution had put forth its arguments.” Lawyers of the other two accused,Fahim Ansari and Sabahuddin Ahmed,also made a similar request to the court.

Speaking to the media after the court proceedings,Kazmi said “it is the court’s discretion to accept or reject the plea made by Kasab”,but until the prosecution replies to it,he would not like to open his cards.

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