By Quaid Najmi, IANS,
Mumbai, March 31 (IANS) Finally one of the most avidly watched legal cases in the world – trial in the Nov 26, 2008, Mumbai terror attacks – ended here Wednesday and May 3 was set as the day of judgment.
Many, including politicians and the prosecution, had hopedf and said that the trial would be over within six months from April 15, 2009, when it commenced. But the hearings overshot that deadline somewhat.
Naturally, many politicians were keen to exploit its outcome in the elections to the Lok Sabha and the Maharashtra assembly last year.
In fact, when the trial started April 15 last year, the then Maharashtra home minister Jayant Patil had gone on record that the Kasab trial would be completed “within six months” (or by September 2009).
However, it was not to be and it continued till the first quarter of this year when the final arguments by both the prosecution and the defence ended.
Special Public Prosecutor Ujjwal Nikam said Wednesday that during the trial, 653 witnesses were examined by the prosecution and a 675-page written submission was also filed.
The witnesses included survivors, eyewitnesses, families of victims, policemen, foreign nationals, government officials, Indian security officials and US Federal Bureau of Investigation (FBI) officials.
The drama involving the prime accused Mohammad Ajmal Amir Kasab had started much before the actual trial.
Kasab – besides two Indian co-accused Fahim Ansari and Sabahuddin Ahmed – was lodged in the high-security Arthur Road Central Jail. The state government went out of the way to make special arrangements to ensure the safety of the lone surviving Pakistani terrorist, the first to be caught alive.
As part of the security measures, an air-conditioned special court presided over by Special Judge M.L. Tahilyani was set up inside the jail premises.
Kasab was lodged in a separate oval-shaped cell which was reinforced with layers of cement and steel capable of thwarting any major attacks or bomb blast.
The trial started with several hiccups. Initially, lawyers refused to take up his case, compelling the court to appoint a lawyer from the State Legal Aid Committee.
First, the mantle fell on criminal lawyer Anjali Waghmare who was later disqualified since she was also defending some of the victims.
After another delay, S.G. Abbas Kazmi was appointed Kasab’s lawyer, and he went about his job meticulously and professionally, surprising many at times, including the prosecution.
Kazmi and Kasab managed to create a sensation right at the start of the trial – claiming that the accused was a minor when the terror attacks were carried out and hence should be tried only in a juvenile court.
Caught completely off-guard, the prosecution decided there should not be a repeat of such issues and settled Kasab’s age issue with medical help once and for all – that he was indeed a major at the time of the attacks.
“We had decided to settle that issue finally so that it would not create a hurdle at any time during the trial,” Nikam told IANS.
Kasab’s dramatics did not end with this – and he took care to ensure that the national and international media covering it did not miss any of his antics.
Early in the trial, he was severely reprimanded by the court for giggling and laughing away in the court during the serious proceedings.
On one occasion he complained of severe pain in the stomach and almost collapsed in the court. Then, he demanded new clothes to wear, he even complained about the food served in the jail.
He was emboldened enough submit a list of items of daily personal use like soap, perfume, newspapers, permission to pray, etc., many of which were rejected.
On several occasions, Nikam was prompted to call Kasab “an actor par excellence”, and the accused showed all his moods – sombre at times, jovial and cheerful often, crying at times, shocked and awed when he was shown some of the evidences or by the accounts of the witnesses during the trial.
In July, Kasab grabbed headlines by confessing to his crimes in the 26/11 attacks and making a passionate plea to be hanged.
“Hang me, please,” Kasab pleaded two days after he made a dramatic confession and gave a chilling blow-by-blow account of his part in the 26/11 Mumbai terror attacks in which 166 people were killed.
“I have committed the crimes on this earth and the people of the world should punish me. I don’t want god’s punishment. But, if somebody feels that I have confessed to escape the death penalty, then the court can definitely hang me,” pleaded Kasab.
Later, he demanded a trial in an international court of justice, saying he had no faith in the Indian courts, while co-accused Ansari demanded video-recording of the entire trial.
The special judge promptly dismissed the pleas on grounds that they were “mischievous” and intended to “delay the proceedings”.
Special Judge Tahaliyani has been grudgingly credited with taking all care to prevent any unnecessary delays.
Besides Nikam, the defence lawyers, including Kasab’s lawyer K.P. Pawar, Ansari’s lawyer R.B. Mokashi and Ahmed’s lawyer Ejaz Naqvi also completed their final arguments Wednesday.
Kasab has been charged under various sections of the Indian Penal Code, including waging war against the nation. Besides, he faces charges under the Explosives Act, Arms Act, Passport Act, Prevention of Damage to Public Properties Act, Customs Act, Explosive Substances Act, Bombay Police Act, Foreigners Act, Unlawful Activities (Prevention) Act.
The 60-hour mayhem that stunned the world left 166 people dead and 244 injured.
The two Indian co-accused have been charged with conspiracy in the terror attacks by preparing maps of the targeted locations and handing these to LeT operatives.
The targeted sites included: the world heritage building of Chhatrapati Shivaji Terminus, Taj Mahal Palace & Tower Hotel, Hotel Oberoi-Trident, Cama Hospital and the Chabad House, a Jewish prayer centre, the favourite haunt of foreigners Leopold Cafe and several other locations.