Kasab retraction does not have any legal value: Farhana Shah

The retraction of his confessional statement by Ajmal Amir Kasab, the lone Pakistani terrorist captured during the 26/11 attacks in the city, immediately after being served its copy does not hold any legal value, according to experts in the fraternity. Speaking to UNI, Advocate Farhana Shah, who had represented Bollywood actor Sanjay Dutt in the 1993 serial blasts case, said in the blasts case, all the accused, who were facing the trial had retracted their confessional statements except two accused, who later turned as approvers. But the court had believed their statement and it was used as a vital piece of evidence against them and awarded punishment to most of the convicts. Another lawyer Subhash Kanse, who had represented members of Memon family, which had masterminded the serial blast, said the retraction of the statement des not have much legal value as Kasab’s statement was recorded before a magistrate, who is a Judicial officer and in this connection the apex court has also given various judgments, according to which the retraction is discarded only after looking at the circumstances. In this case only informing the court that the statement was recorded under duress cannot be a ground for retraction, he added. Earlier today, Advocate Kazmi, who is representing Kasab had moved an application before the court stating that that his client’s confessional statement was not voluntarily delivered, but recorded forcefully by the prosecution before the Third Additional Metropolitan Magistrate court on February 17, this year. On being questioned by Judge Tahilyani regarding this, Kasab to which he said, ‘Whatever my advocate is saying is correct, it was forcefully taken

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