Pakistan national Mohammed Ajmal Amir Kasab cannot be charged with waging war against the nation.
The prosecution suffered a minor setback when Special Judge M.L. Tahaliyani, who is hearing the 26/11 terror attack case, said: “An offence under Section 121 [of the Indian Penal Code] can be committed by our nationals and not by foreign nationals.”
The judge reacted after Special Public Prosecutor Ujjwal Nikam argued that the terror attacks on November 26, 2008, was “a proxy war to destabilise India economically and politically” and that Kasab was covered under the charge.
The special judge agreed with Nikam that the attacks amounted to waging war against India, but disagreed with the contention that Section 121 of the IPC was applicable to Kasab, the sole attacker captured alive.
The special court said in absence of any high court or Supreme Court judgments, the special court would have to set a precedent in Kasab’s case about the applicability of Section 121 of the IPC to foreign nationals.
On Day 2 of his final arguments, Nikam drew attention to parts of Kasab’s confessional statement and the intercepted conversations between the attackers and their Pakistani handlers to prove that they also intended to disrupt India’s relations with the US, Britain and Israel by targeting their nationals.