The defence in 26/11 attacks case on Thursday maintained their stand before the Bombay high court that police falsely implicated Fahim Arshad Ansari, one of the co-accused, in the case.
Defence counsel RB Mokashi described evidence against Ansari as weak and doubtful and contended that the prosecution had failed to prove the charges levelled against the city resident and an alleged Lashkar-e-Taiba operative.
Mokashi alleged the police had planted a map, which showed some Mumbai locations, in the pocket of one of the slain terrorists, Abu Ismail’s trouser claiming Ansari drew it after conducting a recce.
He pointed out that the map was found neatly folded without any marks or wrinkles. He told the court that according to the prosecution, Ansari had drawn the map prior to January 2008, carried it to Nepal where he handed it over to Sabauddin Ahmed, also a co-accused acquitted of all the charges.
“If the map was found after 10 months, then surely it should have been found crumpled and also should bear wrinkles,” the lawyer submitted.
The court is hearing an appeal filed by the state against the acquittal of Ansari and Ahmed, both charged for allegedly providing local support during 26/11.
Mokashi also pointed out the map was tightly fitted into the pocket and there were no bloodstains on it despite Ismail receiving several injuries. “The prosecution case is that blood was found on the pocket,” the lawyer submitted asking, “How come the blood did not percolate into the pocket and soil the map?”
Mokashi will continue his arguments on Friday. After his submissions, Ahmed’s lawyer will begin arguments on Friday itself, when the case for confirmation of death sentence to convicted Pakistani gunman Mohammad Ajmal Amir Kasab is likely to be closed for orders.