The defence in the 26/11-terror attack case on Tuesday argued before the court that the charge of waging a war against the nation was not applicable to the convicted Pakistani gunman Ajmal Amir Kasab.
Advocate Amin Solkar, appointed to defend the Lashkar-e-Taiba operative contended that the he had not attacked government officers or property during the horrendous terror strikes. He added that the prosecution’s case was that Kasab and his slain accomplice had fired at innocent passengers and there was no evidence to suggest they wanted to attack any government office or officers.
The contention prompted the division bench of justice Ranjana Desai and justice RV More to observe that Kasab had fired at people at Chhatrapati Shivaji Terminus, which is government property. He also killed policemen, the bench added.
The bench is hearing a reference for confirmation of death sentence awarded to Kasab for his role in the attack in which 166 persons were killed, and property worth crores was destroyed. Referring to section 10 of the Indian Evidence Act - which says anything said or done before or after the conspiracy, should not be considered — Solkar said Kasab’s role in the conspiracy ended at the time of his arrest on the night of November 26, 2008.
Therefore, according to the defence lawyer, the killing of people at Nariman House, the Taj Mahal Palace and Tower and the Oberoi-Trident after Kasab’s arrest could not be used against him as evidence.