SANTOSH HIRLEKAR/PTI

UJWAL NIKAM, THE Special Public Prosecutor.

MOHAMMAD AJMAL AMIR IMAN, better known as “Kasab”, sits quietly and without expression in the dock of the special trial court. He is the only terrorist among a band of 10 to be captured alive during the November 26, 2008, terror attack on Mumbai. Since being pulled up by Judge M.L. Tahiliyani for smiling in court, Kasab does not speak unless the judge addresses him. Whether he understands the proceedings, which are conducted in English, Marathi or Hindi, is anyone’s guess. Apparently prone to mood swings, he sometimes bends his head and does not look up for long periods. At other times, he seems to survey the people around, particularly witnesses and mediapersons.

“Till date I have yet to see an expression of remorse or fear on his face,” said a policeman on condition of anonymity.

The trial began on April 15 after an 11,280-page charge sheet was filed by the Mumbai Police. The State and Central governments had said the trial would be held in a fast-track court and would therefore be short and quick, six months at the most.

“It is an open-and-shut case because there is enough evidence to convict him. The trial is purely symbolic because Indian law requires us to give the criminal a fair trial before sentencing him,” said a criminal lawyer.

Yet observers say the proceedings are going very slowly. It has been more than a month since the trial began and only one case has been argued. Kasab faces 86 charges. Until now, 25 witnesses have deposed. Special Public Prosecutor Ujwal Nikam says he has close to 120 witnesses left to question. It may take several more months for this trial to end, say lawyers.

In its short life, the trial has already had a few ups and downs. There were problems before the trial began. No lawyer was willing to represent Kasab. Finally, the court appointed a defence lawyer, Anjali Waghmare, who was later found to have a conflict of interest with regard to the case. Eventually, Abbas Kazmi was appointed.

Although the lawyers were ready, the courtroom was not. The 1992-93 serial bomb blast courtroom in Mumbai’s Arthur Road jail was renovated for this trial. It took time for the bomb-proof, heavily fortified courtroom that was required to be readied.

In a meticulously planned terror attack, Kasab and nine others entered Mumbai via the sea on November 26. The 10 terrorists formed pairs and stormed two luxury hotels, the Chhatrapati Shivaji Terminus (CST), a Jewish religious centre and the Leopold Cafe in South Mumbai.

Nearly 173 people were killed and 234 injured in the terrorists’ indiscriminate firing. It took security forces three days to secure the captured buildings.

Along with Kasab and the nine dead terrorists, two local people, Fahim Ansari and Sabahuddin Ahmed, and 35 Pakistani nationals have been charged for their involvement in the heinous attack. This court will also try their cases.

“People are still angry with what happened. The previous UPA [United Progressive Alliance] government, which has now come back to power, promised to punish the perpetrators and to have a speedy trial. They must keep their word now,” says the criminal lawyer.

VIVEK BENDRE

ABBAS KAZMI, THE defence lawyer.

Rakesh Maria, the Joint Commissioner of Police (Crime), however, categorically states that the trial will be conducted as per the country’s laws. Of course, the authorities concerned are trying their best to ensure a smooth and quick trial but they will follow the right procedures.

Among the many crimes Kasab has been charged with are waging war against India, murder, attempt to murder, and possessing, transporting and exploding dangerous explosives. He has pleaded “not guilty” to all the charges levelled against him. As his first line of defence, Kazmi said: “He [Kasab] is still under 18. In such circumstances, he is deemed to be a juvenile and this court has no jurisdiction to try this case.”

An ossification test proved that Kasab was in fact above 21 years. His wisdom teeth had erupted, their roots were developed and his bones had fused, indicating he was older than 18. Four witnesses that Nikam questioned also stated that the age Kasab gave doctors when he was taken to hospital after getting injured during his capture at Girgaum Chowpatty was 21. Furthermore, Nikam argued that this was the age Kasab gave in his confessional statement. Judge Tahiliyani rejected Kazmi’s plea saying, “In my considered opinion the plea is frivolous and intended to delay the trial.”

According to Nikam, Kasab said in his confessional statement that the 26/11 attack was part of a grand conspiracy by the Lashkar-e-Taiba to target major Indian cities and weaken India’s economy. Their ultimate goal was to separate Kashmir from India. Kasab apparently said they were trained by Pakistan Army officers and were told to target foreign nationals specifically.

When Kazmi took over the case, he said the accused wanted to retract these statements. Kasab claimed that he had made the statement under “duress” and “physical torture”. This has been a setback for the prosecution and has caused a further delay in the case. “It’s very unlikely we will see a verdict soon,” says the lawyer.

Initially, because of security issues the police were reluctant to bring Kasab to court and toyed with the idea of video conferencing. Trial in absentia is not permitted in India, and Kasab was produced before the judge on April 15, giving the media their first look at the terrorist.

A news photographer at the CST caught Kasab on camera on the night of November 26 holding an automatic weapon. This is the photograph that is flashed on television or used by the media whenever the Mumbai attacks are discussed. There is no doubt the terrorist caught on camera is the same one sitting in the Arthur Road jail trial courtroom. Yet, what the camera did not catch was his youth.

Kasab is barely five feet tall and has the physical appearance of a college-going youth. A highly skilled fidayeen, or terrorist that fights until death, Kasab is deeply indoctrinated in the ideology of jehad, says Maria. But looking at him, it is difficult to imagine that he played a central role in the entire attack.

It was Kasab who beheaded the navigator of the fishing trawler the terrorists hijacked and used to enter Indian waters. It was he and his “buddy” partner Ismail Khan who attacked the CST, killing 52 people – the highest death toll among the five areas that were targeted. The duo was responsible for ambushing Anti-Terrorist Squad chief Hemant Karkare’s car and killing him and two senior police officers – Vijay Salaskar and Ashok Kamthe. Kasab was caught alive by the D.B. Marg police at Girgaum Chowpatty when they intercepted the car he and Ismail had hijacked. Ismail was killed and Kasab injured in the exchange of fire.

Kasab’s confessions are crucial to uncovering the larger conspiracy of the Mumbai attack. His trial and punishment are, however, important to proving that justice will be done.•