State moves HC to send evidence to Pak

The application lists over 10 documents to be sent to Pakistan including autopsy reports of the 166 dead in the 26/11 attacks,evidence of witnesses and other crucial evidence recorded by the special sessions court.

The Ministry of Home Affairs (MHA),has been getting queries from Pakistan for additional evidence to prove the role of the alleged masterminds of the attack being tried in a special Anti Terrorism Court,inside the Adiala Jail in Rawalpindi,Pakistan.

A senior crime branch official of the Mumbai police said such a request had been made. The application will come up in HC for hearing,for the first time,before the division bench of Justice Ranjana Desai and Justice R V More.

On Tuesday,the court asked Additional Public Prosecutor Shahaji Shinde to request the Advocate General and Additional Solicitor General to be present in court on Wednesday,to assist it on the plea.

The Mumbai crime branch had,on two occasions earlier,sent documents pertaining to evidence and judgment of the trial court to Pakistan as per their request.

The evidence,officials said,can be used against the accused in Pakistan under Section 188 of the Criminal Procedure Code (Pakistan). Section 188 (Liability for offences committed outside Pakistan) states that when a citizen of Pakistan commits an offence in any place without and beyond the limits of Pakistan,he may be dealt with in respect of such offence as if it had been committed at any place within Pakistan.

Any proceedings against any person under this section,which would be a bar to subsequent proceedings against such person for the same offence if such offence had been committed in Pakistan,shall be a bar to further proceedings against him under the (Extradition Act,1972) in respect of the same offence in any territory beyond the limits of Pakistan.

Kasab only a contract killer,defence counsel tell High Court
Lawyers of lone convicted terrorist Ajmal Kasab told the Bombay High Court on Tuesday that Kasab cannot be charged with waging of war against nation as he had not attacked a government establishment. The lawyers added that Kasab was used as a contract killer. Defence lawyers Amin Solkar and Farhana Shah told the Division bench of Justice Ranjana Desai and Justice R V More,“Kasab,who is alleged to have attacked people at the Chhatrapati Shivaji Terminus (CST),had not taken the General Manager or any other railway official hostage during the attack. It is alleged that he only killed passengers there.” Citing judgment in terrorist Afzal Guru’s case,who was sentenced to death for attacking the Parliament,Solkar said,“Guru had attacked the Government of India by attacking the Parliament. The attackers did not intend to kill people,only those who counter attacked were fired at.” He added that Kasab’s role was limited. Solkar who completed his arguments on Tuesday said,“Kasab cannot be attached to the charges of waging of war against the nation as he was only used as a contract killer.” Kasab is lodged at the Arthur Road Prison.