Prosecution seeks to alter charges in 26/11 Mumbai attack case

Mumbai, May 21 (PTI) The prosecution in 26/11 Mumbai
terror attack case Thursday sought changes in the charges
framed against Pakistani gunman Ajmal Kasab to include
liberation of Jammu and Kashmir as an objective in the LeT
conspiracy.

Hearing an application moved by special public prosecutor
Ujjwal Nikam, the court observed that this aspect of the
conspiracy was implied in the charge of "Waging war against
the Nation" and there was no need to make a specific mention.

However, prosecutor Nikam contended that this should be
clearly specified in the charges of conspiracy as it had an
important bearing in the case.

Nikam pointed out that Kasab had himself stated in his
confession that LeT had conspired to strike Mumbai and other
parts of the country and also liberate Jammu and Kashmir from
India.

"The conspiracy hatched in Pakistan had divergent
objectives" and one of them was to separate Jammu and Kashmir
from India, he said.

Under CrPC, the prosecution or the defence can seek
modification or alteration of charges.

After hearing the arguments, Judge M L Tahaliyani said he
would pass an order Friday.

The defence lawyers Shahid Azmi and Abbas Kazmi opposed
the prosecution's plea for alteration of charges, saying that
there was prima facie no material to suggest that one of the
objectives of conspiracy was to separate J&K from India.

They also argued it was not clear from the alleged
conspiracy how would Jammu and Kashmir be liberated by
attacking various cities of India.

The judge also cautioned a section of media for
"incorrect" reporting that the court had rejected the
prosecution's conspiracy charge to the extent of liberating
Jammu and Kashmir from India.

The judge cautioned the media not to draw any inference
and report correctly the proceedings of the court.

In another development, the court rejected the plea of
defence lawyer Abbas Kazmi to visit marine vessel 'Kuber' and
places of offences.

The Judge said 'Kuber' had been returned to its owner and
so permission cannot be granted.

"At this stage there was no need to inspect the boat, but
if a need arises later, the court may consider it," the judge
noted.

About visiting the places of offences, the court said
there was no provision under CrPC to allow advocates to visit
such spots but if the lawyer wanted to go, he was free to
undertake such inspection of public places on his own.

Defence lawyer Kazmi moved an application in the court
seeking contempt action against the president of Islam
Gymkhana for removing him from the post of trustee on the
ground that he was defending accused Kasab.

The judge said he will pass an order on Kazmi's plea on
Monday.

Kazmi urged that Gymkhana President Zakaullah Siddiqui
had committed contempt as the decision to remove him from the
Gymkhana as trustee amounted to interference in the
administration of justice.

The lawyer pleaded that he had been appointed by the
court to defend Kasab and this could not be cited as the
ground to remove him from trustee's post of the Gymkhana.

Kazmi said that he had opposed Gymkhana President's
"dictatorial" attitude at the annual general body meeting and
hence his removal as trustee amounted to personal vendetta.
PTI SVS