Mumbai, November 27: The prosecution wanted to close the 26/11 case on Thursday, but it was not to be. Angered by a ‘false statement’ made before the court, first additional principal judge ML Tahaliyani considered removing advocate Abbas Kazmi as defence counsel for Mohammed Ajmal Amir Kasab.
Asked whether Kazmi should be retained, special public prosecutor Ujjwal Nikam said, “If he tenders an unconditional apology, the court could consider it. Otherwise suitable action can be taken.”
But Kazmi said, “Do I look like the sort who will withdraw? Do you think I will apologise? Whatever I say will be used against me in court. I will argue before the court tomorrow.”
The matter will now be decided on Friday. The argument began when Nikam said he wanted to give an application seeking 339 affidavits of witnesses with evidence of ‘formal’ nature to be placed on record. Kazmi was asked if he wanted to cross-examine any of the witnesses, but he said, “It’s premature. Let them move the court first.”
Nikam objected and said, “This is total non-cooperation from the defence. We gave the affidavits on November 17.”
According to Tahaliyani, Nikam had been speaking of filing the application soon, but Kazmi said he wasn’t aware of it. Kazmi was then asked to return the copies of the affidavits.
After the break, Tahaliyani asked Kazmi again if he was aware of Nikam’s statement. Kazmi stood his ground. “He may or may not have said it,” he said. “I didn’t pay attention to it.”
This irked the judge. “You earlier said no statement was made by him. How do you feel you are discharging your duty? I am considering if I may continue you as defence lawyer.”
Kazmi said, “The prosecution should have moved the court long back. Why did they wait till 26/11 to make this application? They didn’t mention when they were filing the application. I have been given 232, nearly 100 short of the number of affidavits filed by them. This was not official for me. Since no date was given, I chose not to go through them.”
Infuriated, the judge said, “This is the attitude of the advocate appointed by me. I have taken serious note of this.” He said there was no need for an inquiry as it was clear that Kazmi had made a false statement.
According to the prosecution, two more witnesses are left to be examined in the case.
–Agencies–