Court rejects charge on Kashmir plan

The Mumbai Polices case against Ajmal Amir Kasab in the 26/11 terror attacks has received a minor setback as the special court conducting the trial has rejected the prosecutions claim that the assault on Mumbai was part of a jehadi plan to liberate Kashmir. The claim was part of the charges that were framed on May 6 against Kasab,the two alleged Lashkar-e-Toiba accomplices from India,and the 35 wanted Pakistani nationals. It was rejected on the same day by Special Judge M L Tahilyani,but was communicated to the defence only on Wednesday. Reasons for the courts decision were not immediately known.

On April 20,Special Public Prosecutor Ujjwal Nikam,while submitting the draft charges,had argued that all the acts committed by the accused and wanted accused were part of a criminal conspiracy hatched in Pakistan to commit murder,wage war against the Indian Government,and to topple the state administration with a view to capture Jammu and Kashmir. The prosecution had said the accused had hatched a conspiracy in Pakistan to wage a war against the nation,to attack territorial integrity of India and/or to capture Kashmir by attacking major cities of India.

While framing the 86 charges against Kasab and other accused,the court had not accepted the plea. However,the court framed charges under Section 121 waging war against the nation under the Indian Penal Code. The charge,if proved,could lead to death penalty.

The prosecution charge was also based on the confessional statement of Kasab which the prosecution had quoted in court saying,Amir Hafeez Saeed told all Mujahideen that they have to fight to free Kashmir. At that time,Zaki-Ur-Rehman Lakhvi told us that this was the time for war. He said that our community has been fighting for Kashmir for 15 years.

Defence lawyer Shahid Azmi had also argued that the attack was not an act of waging war against the nation as only 10 people could not have toppled the Indian Government and taken over its administration,but it should be only termed as a classical act of terror,he had said.

Legal expert Majid Memon said at this stage,the dropping of this objective would not have any bearing on the case.