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HC defers Kasab's case to 12th Aug, state to file appeal soon

The verdict of the trial court awarding death sentence to Pakistani terrorist Mohammed Ajmal Kasab in the 26/11 terror attack case came up for confirmation before the Bombay High Court which adjourned the matter to 12th August.

Justices Ranjana Desai and Vijaya Tahilramani deferred the matter after public prosecutor Pandurang Pol informed that the state would file an appeal within a week against the acquittal of Faheem Ansari and Sabauddin Shaikh in the same case.


The trial court had acquitted the two, charged with conspiracy in the terror attacks in the city, on the ground that evidence against them was "doubtful".


Kasab, who was not produced before the High Court on Monday for security reasons, had written a letter earlier following which Maharashtra state legal services authority had appointed Amin Solkar and Farhana Shah to defend Kasab at state's expense.


Solkar was not present before the court on Monday while Shah sought two months' time to file an appeal on behalf of Kasab.

 

However, the judges said they would hear Solkar and the state before passing further orders on 12th August.


The trial court has already forwarded its judgement to the Bombay High Court for confirmation of the death penalty to Kasab, who along nine other Pakistani terrorists killed 166 people at multiple locations in Mumbai on 26th November, 2008.

 

The state has appointed Ujjwal Nikam, who was the prosecutor in the trial court, as the special counsel to argue on confirmation of death sentence awarded to Kasab and also to give submissions on appeal against the trial court's order acquitting Ansari and Ahmed.


However, Nikam was not present in the court on Monday and the state was represented by public prosecutor Pandurang Pol.


The confirmation of death sentence, along with appeals filed by Kasab and the state, is expected to be heard simultaneously by the High Court.


The trial court, while delivering its judgement on 6th May, had said that Kasab had committed a heinous crime and that he should be sent to gallows instead of serving life term in jail to avoid recurrence of incidents like hijack of aircraft to Kandahar in exchange for release of terrorists in jail.


Kasab is now lodged in a special cell at Arthur Road jail which is bullet and bomb proof. He is heavily guarded and is segregated from other prisoners.

 

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