Kasab case: Important points of arguments before HC

Kasab’s confessional statement, corroborative and circumstantial evidence as well as the direct evidence tendered by prosecution show the 10 attackers and the LeT bosses had conspired to commit gruesome attack on India’s financial capital.

Prosecution
For confirmation of Kasab’s death sentence, Special Public Prosecutor Ujjwal Nikam

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* Kasab’s confessional statement, corroborative and circumstantial evidence as well as the direct evidence tendered by prosecution show the 10 attackers and the LeT bosses had conspired to commit gruesome attack on India’s financial capital.

* The preparations prior to the attacks and intercepted telephonic conversation between the attackers and their Pakistani handlers proved that the attack was nothing less than a war against the nation.

* The attack was carried out with an intention to further the cause of liberating Kashmir, terrorise people by indulging in wanton killings and destruction of properties through bomb attacks.

Defence
Against Kasab’s death sentence, advocate Amin Solkar and advocate Farhana Shah

* Case should be sent for retrial for lack of effective defence — the advocates appointed to defend Kasab lacked experience.

* The line of defence adopted by Kasab himself — he was framed up for looking like one of the attackers for only being a Pakistani national. The photographs were morphed for falsely implicating him.

Faheem Ansari and Sabauddin Ahmed

Prosecution
Against acquittal

* Enough and cogent evidence was tendered by the prosecution to prove involvement of the duo in the conspiracy. Relied heavily on the evidence of handwriting expert, who stated the handwriting on the map seized from Abu Ismail’s pocket matched with that of Fahim.

* The testimony of sole witness, who was present when Fahim handed over few maps to Sabauddin at Kathmandu.

* Denied allegations that the map was planted, maintained it could not have blood stains, as it was found in right side pocket and injuries were mainly on left side parts of Ismail’s body.

Defence
For acquittal, Advocate RB Mokashi and Advocate Ejaz Naqvi

* There is no evidence to connect Kasab with LeT.

* The map purportedly recovered from Ismail’s pocket was a neat and clean piece of paper with no folds, indicating it was planted to falsely implicate the duo.

* The fact that the map was not at all crumpled showed the police theory of recovering it from pockets of the slain attacker was “false and fabricated”.

* The evidence of a sole witness Nooruddin Shaikh (against Ahmed) was doubtful piece of evidence and it could not used in absence of corroboration.