Mumbai terror attack trial begins, Kasab wants to retract

The trial in the Mumbai terror attack case opened on Friday with the sole surviving terrorist Mohammed Amir Ajmal Kasab seeking retraction of his confession and the prosecution saying he and the other killed terrorists were given military and intelligence training in Pakistan. The trial commenced with the new defence lawyer S G Abbas Kazmi, appointed by the court after Anjali Waghmare was replaced, filing an application that Kasab wanted to retract his statement made before a magistrate. Mr. Kazmi told Judge M L Tahilyani that the accused was retracting his confession as it was taken under "duress" by the police. The court, which is yet give its ruling on the issue, however, rejected Kasab's contention that he was a minor and not 21 as claimed by the prosecution and that he should be tried under the Juvenile Justice Act. Opening the case, Special Public Prosecutor Ujjwal Nikam alleged that Kasab, who was arrested on the night of November 26 last, and the other killed terrorists had received military and intelligence training in Pakistan under a conspiracy hatched by Lashkar-e-Toiba in Pakistan to ultimately capture Jammu and Kashmir. Mr. Nikam based his submissions on the confession made by Kasab before a magistrate. The confession was on Friday opened in the court and Mr. Nikam read out some portions to point out that the perpetrators of the crime had been given precise military and intelligence training in Pakistan. Inside the court, Kasab appeared to be comfortable and was often seen smiling at his lawyer and reporters. However, the after lunch recess, he became serious and attentive when Mr. Nikam dwelt upon his alleged role in terror attack cases. The judge warned Kasab not to talk to the other accused. Kasab, who was wearing a dark grey T-shirt with blue stripes and a black trousers, nodded his head and kept quiet. During the course of his submissions, Mr. Nikam did not name Pakistan Army or ISI having trained the accused. But he repeatedly referred to Major General Sahab and Col R Saadat, who figured in Kasab's confession as supervisory officers of the training imparted to accused. Mr. Kazmi, who had earlier defended 25 to 30 accused in the 1993 Mumbai serial bomb blast trial, told the court he was willing to defend Kasab. Reacting to his appointment, Mr. Kazmi told reporters outside the court, "I love challenges". He said he would draw up the defence strategy after going through the evidence against Kasab and added that he had never defended a Pakistani national. About his client, the lone gunman captured during the attack, Kazmi said he had no idea whether Kasab belonged to Pakistan because he was yet to go through the chargesheet. Mr. Nikam said there was ample evidence to show Kasab and the two arrested accused, Faheem Ansari and Sabauddin Ahmed, were members of the conspiracy hatched in Pakistan to strike terror in the financial capital. He said foreign experts would be examined but their names and addresses should be kept secret. He also said that further investigations in this case were on and supplementary chargesheet would be filed later. Mr. Nikam said 1,820 witnesses had been cited but only potential among them will be examined. Prosecution would place 750 articles and 1350 documents as evidence. He told the court that Kasab was directly involved in seven different cases of terror attacks. These pertain to murder of five crew of `Kuber' boat, including its navigator Amarsingh Solanki, bomb blast in a taxi at suburban Vile Parle, firing at Chhatrapati Shivaji Terminus, Cama Hospital firing attack, killing of three police officers near Cama Hospital, theft of Skoda car and attack on police team near Chowpatty, he said. Mr. Nikam alleged that in all these cases Kasab was involved with co-conspirator Ismael Khan, who was killed in police encounter near Chowpatty, Nikam alleged. He said there are five other cases in which Kasab has been charged with conspiracy read with murder, although he had not directly participated in them. These are firing in Hotel Taj Mahal, Hotel Oberoi, Restaurant Leopold Cafe, Nariman House and bomb explosion in a taxi at Mazgaon. The court took on record advocate Ejaz Naqvi as defence counsel for Faheem Ansari and Ahmed, the other accused in the case. Since Mr. Naqvi did not appear in the morning session and Faheem sought time to appoint another lawyer, the court asked Faheem's wife to call Mr. Naqvi to the court. Later, he came and told the court that he would continue to defend Faheem.

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