HC admits Kasab's appeal but rejects plea for meeting lawyer

Mumbai, Sept 29 (PTI) The Bombay High Court Wednesday
admitted an appeal filed by Pakistani terrorist Ajmal Kasab
challenging the death penalty awarded to him for his role in
the 26/11 attacks but rejected his plea for a closed-door
interview with lawyers in jail.

The 25-page appeal will be heard by justices Ranjana
Desai and R V More along with confirmation of death sentence
awarded to Kasab on a daily basis from October 18. The State's
appeal against acquittal of Faheem Ansari and Sabauddin Ahmed
will also be clubbed along with these matters.
The court has restrained Kasab from appearing in
person but said he would be present through video conference.
On October 6, the bench would give its ruling on who
should open arguments first -- State or Defence.
Government counsel Ujjwal Nikam said Kasab's appeal
should be heard first and if that fails only then confirmation
of death sentence should be taken up, while Kasab's lawyer
Amin Solkar insisted he would argue after Nikam concludes.
In a separate development, the court rejected Kasab's
plea for a private conference with lawyers looking into his
past record of aggressiveness towards jail staff. The judges
also took into account CCTV footage presented to the court by
Nikam showing Kasab assaulting jail personnel on September 1.
"Threat perception to Kasab cannot be questioned by
this court in a case of this nature. National interest and
safety outweighs all other considerations. We, therefore,
reject the prayer for legal interview not within hearing
distance of jail staff," the court ruled.
The court, however, made it clear that the interview
would be allowed but in the presence of jail staff and that no
police personnel, including those connected with the 26/11
case, would remain present.
The court took on record confidential reports about
Kasab's aggressive moves in jail and said these would remain
in a sealed cover until the hearing concluded.
The court agreed with Nikam that the presence of jail
staff was necessary within hearing distance from Kasab, taking
into account the serious threat perception.
"The presence of jail staff is a must in this case.
Having seen relevant rules and CCTV footage we are of the view
that the judgements cited by Kasab's lawyer are not applicable
here. The applicant can have interviews within the sight and
hearing of jail staff," the judges noted.
Outside the court, Kasab's lawyer said, "We are
thinking to challenge this order in Supreme court".
In the appeal, Kasab sought acquittal on 57 grounds
saying he was wrongly convicted as the trial judge had erred
by not properly appreciating evidence. Eyewitnesses had
identified him in the court as his photographs had appeared in
the media soon after 26/11 incident.
Kasab said the trial court had only partially accepted
his confession. This was incorrect in law as the confession
should either be accepted or rejected in entirety. Also, he
said, the trial court had erred in holding that his confession
was true and voluntary.
On May 6, the trial court had sentenced Kasab to death
in connection with the Mumbai terror attacks that left 166
people dead and many more wounded. PTI SVS
PBL