The court hearing the Mumbai terror attack case would frame charges against prime accused Mohammed Ajmal Amir Kasab and two others on Wednesday.
On the same day, the accused would be given an opportunity to plead guilty or not guilty to the charges, Judge M L Tahaliyani told lawyers in the court on May 3.
If the accused pleads guilty then there would no trial and the court would give out the punishment. But if the accused pleads not guilty, as is normally done in most cases, the trial would begin.
In a related development, one of the accused Sabauddin, charged with handing over maps of target locations to conspirators of terror attacks, sought discharge. The court will decide his plea tomorrow.
Another accused person, Faheem Ansari pleaded that the charges of waging war against the nation in this case was not applicable. His lawyer Shahid Azmi referred to Kasab’s confession in which the conspirators talk about their plans to attack Mumbai with an object to liberate Kashmir.
The charge of ‘Waging war against Nation´ requires that accused should be an Indian and should have planned to attack the Government of India. The concept of subject attacking king applies here, he said.
However, in this case, the conspirators were allegedly in Pakistan and therefore the charges of waging war against the nation does not hold good, the advocate said.