By IANS,
New Delhi/Mumbai : The special court hearing the Mumbai terror attacks case can pass sentence on main accused Mohammed Ajmal Amir Kasab after his startling confession and narration of events leading up to 26/11, say legal experts.
“It is up to the court now to accept his plea of guilt and pass sentence accordingly. However, it is also open to the court to decide on whether it wants to press ahead for the full trial,” says criminal lawyer Nitya Ramakrishnan, who secured the acquittal of Afsan Guru, an accused in the Dec 13 parliament attack case in New Delhi.
In a dramatic twist to the 26/11 case, Kasab got up just before the 135th witness was about to be examined and started by addressing Special Judge M.L. Tahilyani in Urdu: “Sir, I want to make a confession in the court. I plead guilty to the crimes for which I have been charged.”
He then recounted how he and his associates travelled by sea from Karachi to Mumbai to strike at 13 locations on the night of Nov 26, 2008. Kasab, 21, was caught on surveillance cameras holding a gun as he stalked and killed people inside the Chhatrapathi Shivaji railway station.
Kasab faces 86 charges, including waging war against India, murder and attempted murder. In May, he pleaded not guilty to all charges and recanted a confession to the crimes that he said was made under duress.
Majeed Memon, another leading criminal lawyer who defended several accused in the 1993 serial bombings cases, said Kasab’s sudden turnaround in the midst of trial was indeed surprising.
“What is left now according to our legal system is that the special judge has only to ascertain the ‘voluntariness’ of the plea of guilt by the accused,” he said.
“The judge will need to check absence of external influence and pressures, by speaking to the government-appointed lawyer, asking him why his client is pleading guilty at this juncture. He can even address the accused directly,” said Memon.
“After satisfying himself that it is a voluntary plea of guilt, the judge may accept the plea of guilt. Then, he may not need to examine the remaining witnesses as far as Kasab’s trial is concerned,” Memon added.
Criminal lawyer R.K. Anand of New Delhi also concurred with Ramakrishnan that Tahilyani could pass sentence on the basis of Kasab’s admission.
“If the evidence of the 134 witnesses so far corroborates with what Kasab has said, then the judge can pass sentence,” Anand told IANS.
“Even if he (Tahilyani) wants to go ahead with the full trial, there is nothing stopping him. He has another 16 witnesses to examine and that is going to take just another week or a little more.”
After Kasab’s admission, lawyers also pointed out that his only appeal will now be limited to the quantum of sentence the court will pass.
“We had built up a solid case against Kasab. So far, 134 witnesses had identified him in the past nearly three months. His confession had to finally come,” asserted special public prosecutor Ujwal Nikam.
Well-known criminal lawyer J.P. Mishra told IANS: “This is a welcome development for the police, the prosecution and the government as Kasab’s confession coming midway during the trial proved that he was endorsing the prosecution case against him.”
Before awarding the sentence, the court must hear the accused on the quantum of sentence.
Considering the charges that have been framed against Kasab, the legal community maintains that the death sentence would be applicable.
“His option now will be to appeal against the death sentence and to ask for a lesser punishment,” said Anand.