‘Kasab not our main target,we need to expose those behind him’

On the challenges that the prosecution faced during the trial,he said,“The case is historic for several reasons. Not because the lone captured terrorist Kasab is from Pakistan,but basically because we came to know how a terrorist organisation like the LeT is promoting all these terrorist attacks. That is the most important thing… Kasab was not our main target. Unless we exposed the whole infrastructure and power behind the attack,we could not check all this.”

According to Nikam,one the biggest achievements of the trial was that Pakistan was compelled to admit that Kasab was a Pakistani national,and its government was forced to try some Lashkar-e-Toiba members.

Reacting to suggestions that the case was an easy one to argue on account of the overwhelming evidence gathered by investigators,Nikam said,“See,to link up and to connect all the evidence¿.that is the skill of a public prosecutor. We have seen that broad daylight murders are committed many times. Even in such cases,many people are witness to the crime,and yet the accused are acquitted. Even in the Pramod Mahajan case which I had fought,people had said it was an open and shut case. When the defence opened its case and started cross-examination,it was not so.

“There was ample evidence against Kasab. We had to bring forward the evidence to draw an irrefutable inference that the whole attack was masterminded by the LeT with the assistance of state actors,” he said.

Nikam added that it was unfortunate that Kasab had initially been making fun of the court proceedings till he was stopped by the judge.

On the quality of defence provided to Kasab,Nikam said,“Kasab himself has taken a good defence. He is a very intelligent person. In the last 25 to 30 years of practice,I have never come across a criminal like Kasab. He pretends,has a good presence of mind. I am not praising him,but analyzing him. Kasab has learnt and understands Marathi,he knows how to react. He has used the defence of alibi also.”

On the plea bargain agreement of alleged LeT operative David Headley in the US,Nikam raised questions about the secrecy maintained by the US authorities. “The US has mentioned A B C persons,whose names they did not disclose but kept secret. Why did they keep those names secret? That is the precise question. If America does not want to disclose the names,then one can reasonably infer that there is something suspicious about those names. In fact,we have a mutual legal assistance agreement with America and perhaps,in due course of time,we can compel America to disclose those names. They must know the names,” said Nikam.

On how Kasab changed during the trial:
— The real face of Kasab is the one shown in the photograph of him taken on the footover bridge outside CST station. He is a very cruel person. But he is very sensitive about his mother. Solitary confinement has not made any change in him.”

On David Headley’s role being similar to charges against Fahim and Sabahuddin:
— But during our investigations,Headley’s name was never revealed. Headley had carried out his operation much earlier.

On his biggest challenge during the trial:
— To establish criminal conspiracy… not solely relying on the confessional statement of Kasab.

On death sentences that have not been carried out for years:
— Certain guidelines should be framed on how to deal with mercy petitions. There should be separate criteria for mercy petitions for terrorists.

On the message from the trial:
— Irrespective of the nationality of the accused,we have given him fair opportunity to defend himself. India is a fully democratic country and we are not running any kangaroo courts.