Tight case,tight security for Kasab trial

While submitting its draft charges as a precursor to the special court framing charges against Ajmal Amir Kasab and his co-accused Fahim Ansari and Sabahuddin Ahmed in the 26/11 trial due to begin on Wednesday,the prosecution is likely to drop as many as seven sections of the Indian Penal Code (IPC) against them.

According to sources,the charges being dropped are ‘simple sections’ that could weaken the entire case if applied.

Sources confirmed that while the accused were booked under sections pertaining to causing grievous hurt,these sections will be dropped in the draft charges as the terrorists had landed in the city with the clear intention of killing as many people as they could. Thus four sections ¿ punishment for voluntarily causing grievous hurt (Section 325),voluntarily causing grievous hurt by dangerous weapons or means (Section 326),voluntarily causing hurt to deter public servant from discharging his duty (Section 332) and voluntarily causing grievous hurt to deter public servant from his duty (Section 333) will be omitted from the draft charges.

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“The terrorist were given specific orders to shoot at sight and kill as many people as they could. Their intention was murder,and not simply to hurt anyone. That is why these four sections become redundant and weaken the case. Sections of murder and attempt to murder had already been applied in the case,and they are sufficient,” said a source,who did not wish to be named.

The First Information Reports for the 12 different offences registered during the terror attacks were prepared by the local police stations under whose jurisdictions the offences occurred,and were later transferred to the Mumbai Police Crime Branch and clubbed together. Local police station officers applied whatever possible sections applied to the crimes at the time,without much thought on the legalities of the cases.

According to sources,the other IPC sections that will be dropped from the draft charges are assault or criminal force to deter public servant from discharge of his duty (Section 353),punishment for cheating by impersonation (Section 419) and mischief causing damage to property worth Rs 50 or more (Section 427).

When contacted Special Public Prosecutor in case,Ujjwal Nikam,told Newsline,“Framing of charges is the court’s prerogative,and my role is only to assist by inviting the court’s attention to the evidence collected by the investigating agency. For every distinct offence there shall be a separate charge under the provisions of the Criminal Procedure Code. The nabbed attacker and his associates had come with only one intention – of murdering and causing maximum damage- thus simple offences won’t be given that much importance though we will prove them in court by examining witnesses accordingly.” 

Judge will now sit at Arthur Rd Jail court
Special sessions judge M L Tahilyani moved out of the sessions court on Monday. From April 15,he will preside over the special court inside the Arthur Road prison when Kasab and co-accused Fahim Ansari and Sabahuddin Ahmed will be produced before him.

The voluminous chargesheet was also moved to the special court in large steel trunks on Monday.

On April 15,Kasab would be produced in court in person,for the first time. Till now,he was being produced before judge Tahilyani through video-conferencing. On that day,Special Public Prosecutor Ujjwal Nikam is likely to deliver his opening address. Then the evidence against the accused and the wanted accused would be tabled and he would substantiate charges levelled by the investigating agency.

The defence lawyers would also be given a chance to open their defence arguments on the day. —ENS

(With inputs from Mustafa Plumber)