Mumbai, July 24: Ajmal Amir Kasab’s demand that the court accept his guilty plea and convict him right away failed to find approval. Special Judge M L Tahaliyani ruled today that the lone surviving 26/11 terrorist had only partially accepted his guilt and the trial needed to continue.
“The prosecution has almost completed presenting three-fourth of the evidence. At the outset, I am not inclined to pronounce the judgment after recording the (guilty) plea as the accused has not admitted to all charges,” the judge said. “He has admitted only to certain charges of the 86 charges framed against him and it is necessary that the admission of guilt forms a part of the record and remains on record to be considered at the appropriate time.”
Tahaliyani also did not accept Kasab’s lawyer Abbas Kazmi’s plea not to take the confession on record. “This argument as a general proposition cannot be accepted but since the statement has been made it cannot be overlooked and it has to be taken on record but its evidential value cannot be weighed at this moment,” he said.
Kasab pleaded guilty to his crimes in court on Monday. In a four-hour statement, he narrated a series of events starting with his joining the Lashkar-e-Toiba, the attack on Mumbai and his capture. He also sought capital punishment, saying he was not pleading guilty in the hope of a lesser sentence.
But the court refused to oblige him. “Kasab has made a partial admission of his guilt. From the prosecution’s plea and relying on the Bombay High Court and apex court judgments, it is clear that the admission of guilt remains on record and the court continues with the trial,” Tahaliyani said.
He also rejected the contention of the prosecution that the guilty plea was an attempt to delay the trial and win sympathy. “I don’t think that there is any tactical move to scuttle the trial to help his mentors in Pakistan,” the judge said.
Tahaliyani explained the order to Kasab in a mix of Hindi and Urdu. Kasab nodded and sat down. In the post-lunch session, he mostly looked serious but smiled occasionally.
Special Public Prosecutor Ujjwal Nikam said, “The drama staged by Kasab has been finally stopped. The court has accepted our claim that the actor has made only a partial admission of his guilt and more evidence needs to be adduced to pin down the entire conspiracy.”
Nikam said he needed to examine no more than 50 witnesses, including FBI agents, to wrap up the evidence against Kasab and the two others accused, Fahim Ansari and Sabahuddin Ahmed.
Earlier, Kasab’s lawyer Kazmi surprised the court by saying he wanted to withdraw from the case because Kasab had no confidence in him. “Sir I wish to withdraw, he doesn’t speak to me, neither takes my legal assistance, so it is improper for me to continue as his lawyer,” Kazmi said.
When Tahaliyani sought Kasab’s response, he said, “Maine nahin kahan, woh apne taraf se mehsoos kar rahein hai (I have not told him, this is his own feeling).”
Tahaliyani asked Kazmi and Kasab to talk to each other. The lawyer and his client spoke during the lunch break after which Kazmi informed the court that he would continue defending Kasab.
-Agencies