The Bombay High Court on Monday directed the state government to file an affidavit if the National Investigation Agency has registered a separate offence in connection with the 26/11 attacks and plans to interrogate convicted Pakistani Mohammed Ajmal Amir Kasab.
The division bench of justices Ranjana Desai and RV More, which is hearing a reference for confirmation of death sentence awarded to the LeT operative, has asked special public prosecutor Ujjwal Nikam to submit the affidavit by Thursday.
The order came following an application filed by lawyers Amin Solkar and Farhana Shah, appointed to defend the sole captured 26/11 attacker.
The application was based on a newspaper report stating an independent first information report has been filed by the NIA in connection with the 26/11 terror strikes, and the elite agency has obtained permission from the state government to interrogate Kasab.
The defence lawyers have taken objection to the development stating such investigation would amount to “double jeopardy” and also directly interfere in the confirmation proceedings. So, they have sought explanation from the state government about the veracity of the news report.
Special prosecutor Ujjwal Nikam began his arguments in support of the death sentence awarded to Kasab. He pointed out the intercepted conversation between the 26/11 attackers and their Pakistani handlers for establishing the charge of conspiracy and waging war against the nation.
On May 6, a special court had sentenced Kasab to death.