Kasab did not get a fair trial,SC told

“The confession was made in February 2009,more than two months after his capture. There was no counsel at the time,but when counsel was allotted,statements were retracted immediately. The period from November to February,there was no lawyer,” Ramachandran argued before a Bench,headed by Justice Aftab Alam.

On the still photographs identifying Kasab,taken by news cameramen,Ramachandran sought to poke holes saying that the memory cards in the cameras were not seized immediately. The amicus said there was no proof to show that Kasab was part of a larger conspiracy against the Government of India,while adding that even his arrest was recorded after nearly 24 hours of his capture. “It was the next day by late evening,his formal arrest was recorded,” he argued. “And right from the time of his arrest to the confession,he was in police remand,” Ramachandran said,pointing to how Kasab did not have a counsel in any of the court hearings in which his police remands were extended.

When pointed by the Bench that Kasab had refused legal aid,Ramachandran responded that “mere waiver is not enough. Waiver must be informed and intelligent”. Ramachandran said the Magistrate was complying to the formality of asking him whether he required a lawyer,and never broaching the subject again when Kasab refused. To this,the court acceded,quoting the Miranda Rule,saying the convict had to be clearly informed that it was his “right to have a lawyer”.

The amicus said that when finally Kasab did get a lawyer,the latter was given only eight days to prepare the case instead of the four weeks he had requested.