Fahim Ahmed Ansari, one of the alleged local facilitators for 26/11 attackers, has approached the Bombay High Court seeking a re-trial in the case.
Ansari said he does not expect justice from the special judge.
The high court has asked additional public prosecutor Rajesh More to reply to the petition in two weeks. The division bench of Justice JN Patel and Justice Amjad Sayed has also directed that a lawyer be appointed for Ansari from the legal aid panel.
Ansari’s hand-written petition expressed apprehension that he “may not get justice from special judge M.L. Taheliyani due to certain instances, incidences, orders passed and conduct and attitude of special judge”.
The 35-year-old has also requested an audio-video recording and live telecast of the special court’s proceedings alleging that evidence is not being recorded properly.
Ansari citied the testimony of police inspector Hemant Bavdhankar of DB Marg police station as an example.
He said the court had recorded Bavdhankar’s testimony saying that the vehicle (the Skoda car robbed by terrorist Mohammad Ajmal Amir Kasab and his slain partner Abu Ismail) was “moving towards” Malabar Hill.
The judge clarified the testimony of the policeman saying the vehicle was “facing” Malabar Hill, the petition alleged. Ansari had applied for a recording of the trial proceedings before the special judge too. His application was rejected.
Ansari has sought a stay on the trial until the high court decides on his petition. He has also prayed that the special judge be replaced.