The fate of 24-year-old Pakistani terrorist, Mohammed Ajmal Amir Kasab, convicted in the 26/11 terror attack case, will be decided on Monday. The Bombay high court will decide if Kasab should be sent to the gallows for his involvement in the 60-hour mayhem that killed 166 people and injured 238 others.
The division bench comprising Justice Ranjana Desai and Justice RV More will also decide on the appeal filed by the Lashkar-e-Tayyeba (LeT) operative against his conviction and death sentence.
Kasab was awarded death sentence by a special trial court in May last year on five different counts: conspiracy, waging war against the nation, indulging in unlawful activities resulting in death, seven individual murders directly linked to him and sharing common intention in creating mayhem in the city.
The Pakistani terrorist, along with Abu Ismail, the leader of the 10-member LeT squad that had sneaked into south Mumbai on November 26, 2008, had fired indiscriminately in the Chhatrapati Shivaji Terminus here killing 72 people.
Two senior police officials, ATS chief Hemant Karkare and additional commissioner of police Ashok Kamte, were also killed in the firing. Ismail was later gunned down by a police team.
The special court judge ML Tahaliyani observed that there was overwhelming evidence against Kasab in the form of his own confession and other evidence presented by the prosecution.
The matter was referred to the Bombay HC as execution of capital punishment is subject to confirmation of high court.
The high court will also deliver its verdict on Maharashtra government’s plea against the acquittal of two Indians, Fahim Arshad Ansari and Sabauddin Ahmed, accused of aiding in commission of the crime.
Ansari had allegedly conducted a recce of important city locations and passed hand-drawn maps to LeT bosses across the border through Ahmed. The maps were later used in the attack.
But the special court acquitted the duo on May 6 last year discarding the prosecution evidence against them.
Kasab is the lone surviving gunman of the LeT team that had targeted various locations in Mumbai, including the Taj Mahal Palace Hotel, Hotel Trident-Oberoi, the Chhatrapati Shivaji railway terminus and Nariman House.