A special court on Wednesday rejected the plea of prime accused in Mumbai terror attack case, Mohammed Ajmal Amir Kasab, for allotting the Urdu translation of the 11,000-page chargesheet, noting that it was “immaterial”.
However, Judge M L Tahilyani, granted time to Kasab’s lawyer S G Abbas Kazmi, till May 2, to submit arguments on the charges proposed by the prosecution against the accused.
The court did not agree with the defence lawyer that Kasab needs to understand chargesheet to prepare his defence. “Not all instructions of an accused are based on the chargesheet. This document (chargesheet) is mainly for the understanding of advocates. Hence the prayer to supply copy of chargesheet in Urdu is rejected,” the judge noted.
The court has to take into consideration whether any prejudice would be caused to the accused if Urdu translation was not provided, the judge observed. Referring to a supreme court judgement, he observed that supply of copies of chargesheet is “basically issue of prejudice and not merely a technical point”.
“Here the question is not of technical nature but that of prejudice. I have examined the prayer of accused from that point of view and feel that no prejudice would be caused to him if Urdu translation is not given,” the judge noted.
As regards the plea of defence lawyer for one month time to advance arguments on proposed charges, the court felt that this is “too long a period” but gave him time till May 2 to prepare himself for submissions.