Senior advocate Ujjwal Nikam said the 26/11 terror attack in Mumbai was a proxy war by Pakistan. “Terror attack on Mumbai was a proxy war by Pakistan. There is no agreed definition of terrorism, terrorism is an act which creates fear, harm to the society. War is expensive and risky. Terrorism is an international problem faced by all the countries in the world. The 26/11 terror attack is a classic case of ‘sponsored terrorism’, meticulously executed,” he said.
Nikam was speaking at a legal discourse organised by Bharati Vidyapeeth (Deemed To Be University) New Law College on Saturday. He said in criminal law it is said that every guilty person is presumed innocent until guilt is proved beyond reasonable doubt. “There is difference between knowledge and wisdom. Every law has a logic and a science which has to be interpreted with the law. Jurisprudence of law shall be interpreted with open mind. In case of Bombay blasts, the ‘criminal conspiracy’ was made in Dubai. After interrogation, the statements of accused were taken and they were turned into approvers. An approver can be a competent witness,” he said.
He added, “Kasab pleaded that he was a juvenile. When an enquiry was made, it was concluded that he is not a juvenile. It is a fact that terrorists are trained in your laws… a lawyer has to be very sharp while dealing with cases of terrorists.”
He said, “In cross examination, a lawyer should know where to stop…where to ask. The role of a public prosecutor is very important as they have to see to it that decision is secured and justice is made…criminal conspiracy is a difficult task to prove as it is difficult to get independent witness, various acts and omission of criminal also has to be seen. Battle against terrorism cannot be stopped by making laws strict, we must also change our attitude. Our fear makes terrorism stronger, don’t be terrorised by terrorism.”
Bharati Vidyapeeth (Deemed To Be University) New Law College in-charge principal Bhagyashree Deshpande said, “Human rights are the rights given to individuals who are born human. Terrorism is a heinous crime committed by social pressure and political pressure. Multiple factor theory is useful in criminal law.”