Kasab’s juvenile plea falls flat in court

Kasab’s newly-appointed lawyer Abbas Kazmi moved an application before the court after taking instructions from him,stating that Kasab was 17 at the time of the attack. He further stated that the ongoing trial is illegal as per the Juvenile Justice Act,as a minor has to be tried in a juvenile court and not in a sessions court,no matter how serious the offences are. If he is tried in a sessions court,then it would be bad in law and a violation of fundamental rights of the accused,and hence the case should be transferred,the plea said.

Special public prosecutor Ujjwal Nikam strongly opposed the application,stating that Kasab was not a minor. He stated as per the chargesheet and his confessional statement,his date of birth is September 13,1987. Accordingly,he was over 21. Kasab himself told this to Arthur Road jail authorities when he was remanded in judicial custody and sent there on February 17,Nikam said.

Special Judge ML Tahilyani then directed Kasab to stand in the dock and observed,“prima facie it appears that the accused is a major and though there are medical tests available to check the age of the accused,in this case since the accused has not produced any documentary evidence to prove his age,since the application is merely based on oral claims of the accused,it can be noted that it’s a frivolous plea and made with an intention to protract the trial. Thus,considering the facts,the court rejected the plea,but ordered that in future if the issue crops up again with necessary substantiation,then the medical procedure could be followed.

Notes from The courtroom
No fee,no defence

Lawyer Ejaz Naqvi on Friday withdrew his application for defending co-accused Fahim Ansari,after Ansari’s family said it cannot pay his fees.

Point of view
While strongly opposing the application of Ajmal Kasab claiming himself to be a minor,special public prosecutor Ujjwal Nikam said,“Kasab is the false,Kasab is the liar.”

Clockwork
For two days,the court had to check with its staff to get the correct time to adjourn the hearing for lunch as there were no clocks inside the special air-conditioned courtroomprison. Finally,on Friday,the jail authorities put up two clocks.

Coincidence
Joint Commisioner of Police (Crime) Rakesh Maria,who came to the court to hear the opening arguments of the case,was specially mentioned by Nikam,stating that he was the chief investigating officer of the first mammoth trial into the 1993 serial bomb blasts case and is the investigating officer in this terror case also. As many as 12 cases were registered for various offences at that time,and 12 cases have been registered now also,Nikam said.