In a jolt to Pakistani terrorist Ajmal Kasab, the Bombay High Court on Tuesday dismissed his plea to order an enquiry to determine whether he was a juvenile even as prosecution sought confirmation of death penalty awarded to him in the 26/11 terror attacks.
In another development, the High Court asked the prosecution to file its reply tomorrow to another petition filed by Kasab seeking constitution of medical board to study his psychological profile and mental frame of mind.
A bench headed by Justice Ranjana Desai and Justice V M More held that the trial court, after holding an enquiry into Kasab's age, had come to the conclusion that he was a major.
The judges said since the issue had already been decided by the trial court, Kasab's plea for a fresh enquiry into his age could not be considered now.
Prosecutor Ujjwal Nikam argued that the trial had conducted a probe into Kasab's age by making him undergo ossification test. After considering the opinion of doctors and evidence, the court had held that Kasab was not a juvenile and that he was above 20.
The judges felt that such a plea at the fag end of the case in the High Court appears to be a move to postpone the hearing of confirmation of Kasab's death sentence.
Kasab's lawyers Amin Solkar and Farhana Shah have also requested the court to appoint an NGO working in India and Pakistan to evaluate his family background and circumstances which made him participate in the 26/11 terror attacks for which he was sentenced to death. This issue would be decided on Wednesday.
Nikam said although Cama Hospital was not on the radar of the terrorists, yet Kasab and his partner Abu Ismael entered the hospital premises and desperately tried to get into the wards to kill patients. Fortunately, nurses closed the gates well in time.
At Chhatrapati Shivaji Railway Terminus also, Kasab was seen in a joyous mood after killing innocent persons. This was told to the trial court by eye witnesses, Nikam said and showed the judges photographs of Kasab in happy mood.
Nikam further argued that Kasab had told a Magistrate before whom he had given a confession of his role in the 26/11 terror attacks that he was disclosing voluntarily all this so that it could serve as a motivation for fellow terrorists (Fidayeen) to do similar acts and achieve martyrdom.
Even in the High Court last month, Kasab had spat on the web camera when he was brought for the video conference facility to hear the proceedings in this case, Nikam said.
All these instances showed depraved mentality of Kasab and he should be hanged for the heinous crime committed by him, Nikam argued.