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This is an archive article published on September 25, 2013

26/11 Terror Attack: Magistrate denies recording false confession of Ajmal Kasab

“Not true that I recorded false statement of Kasab when he was produced before me"

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26/11 Terror Attack: Magistrate denies recording false confession of Ajmal Kasab
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A magistrate,who had recorded the confession of 26/11 Pakistani terrorist Ajmal Kasab,on Wednesday denied before the Pakistani Judicial Commission that she had recorded a false statement of the gunman to fix LeT leader Zaki-ur-Rehman Lakhvi.

The 8-member Pakistani commission is here to cross examine four Indian witnesses to carry forward the prosecution of seven suspects,including Lakhvi,facing the 26/11 trial in a court of the neighbouring country.

The evidence of Indian witnesses is being recorded by Additional Chief Metropolitan Magistrate P Y Ladekar. Special public prosecutor Ujjwal Nikam represents the Government of India.

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“It is not true that I recorded false statement of Ajmal Kasab when he was produced before me for giving confession”,said R V Sawant-Waghule in reply to a question put by Lakhvi’s lawyer who is a member of the commission.

To another question by Lakhvi’s lawyer whether Kasab’s confession was recorded immediately after he was produced,the magistrate said first his (Kasab’s) police remand was changed to judicial remand and then he was given time to retrospect once again whether he wanted to confess.

“It is only after sufficient time was given to Kasab to think about giving a confession that his statement was recorded”,said the magistrate during cross-examination.

In another development,the 26/11 investigating officer Ramesh Mahale identified before court the mobile phones,Global Positioning System (GPS) and a dinghy used by the ten terrorists who came from Pakistan on November 26,2008 to carry out terror attacks.

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Mahale also identified in the court the Yamaha engine fitted to the dinghy. The terrorists had carried with them a dinghy when they travelled in a boat from Karachi enroute to Mumbai. When they were close to the Mumbai coast,they used the dinghy to reach the shores.

Mahale said GPS showed marking of Karachi-Mumbai route and also locations in Mumbai such as Leopold Cafe and Badhwar Park. While Leopold Cafe was a target of terrorists,Badhwar Park was the place where they landed by boat from Pakistan,he told the Commission.

Meanwhile,Lakhvi’s lawyer strongly objected to the assistance rendered by Ujjwal Nikam to the Pakistani prosecution in the court during the cross examination of Indian witnesses.

Lakhvi’s lawyer said proceedings in the 26/11 case were pending before a Pakistani court and hence Nikam should not help the Pakistani prosecution in the recording of evidence.

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However,Nikam argued that he was representing the Government of India. The accused,facing trial in Pakistan,were also wanted accused in the Indian court which had tried the same case here,he argued.

The court rejected the objection raised by Lakhvi’s lawyer and allowed Nikam’s argument.

Two doctors,who had conducted the postmortem of nine Pakistani terrorists killed by armed forces in the terror strikes,had on Tuesday deposed in the court giving their account of the autopsy reports. However,they were not cross-examined by the panel. This is the Commission’s second visit to India. During its visit in March 2013,it had examined the same witnesses.

However,cross examination was not allowed by India following which the Pakistani court refused to accept evidence.

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Subsequently,India and Pakistan agreed to allow cross examination of the witnesses.

The panel was slated to come earlier to India,but its visit was postponed due to the murder of special public prosecutor in Pakistan.

The commission includes two officers from anti-terror court of Pakistan,four defence lawyers and two special public prosecutors.

Ten Pakistani terrorists had arrived by sea route on November 26,2008,and opened fire indiscriminately in public places killing 166 people and injuring over 300 others besides damaging property worth crores of rupees.

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According to police,the conspiracy was hatched by LeT to create terror attacks in India.

While nine terrorists were shot dead by armed forces,Kasab was caught alive. Later he was tried and sent to gallows by a special court in Mumbai.

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