Mumbai: The special court at the Arthur Road jail trying the Mumbai terror attack case accused, Mohammad Ajmal Amir ‘Kasab,’ said on Wednesday that Ajmal’s request for a Pakistani lawyer would be conveyed to the authorities through diplomatic channels.
The judge, M. L. Tahaliyani, said Indian law did not permit a lawyer from Pakistan to fight a case here. Moreover, given the absence of any response to Ajmal’s earlier letter demanding consular access from Pakistan, the court will have to look into providing legal aid for him.
Ajmal was produced in court on Wednesday along with the other two accused Fahim Ansari and Mohammad Sabahuddin.
When told about the removal of advocate Anjali Waghmare, who was to represent him, he told the court in Hindi that he wanted a Pakistani lawyer. He kept smiling while the prosecution and the judge discussed about the lack of response from Pakistan. He requested the court to try once more.
In his order, Mr. Tahaliyani drove home the value of legal aid in our criminal justice system. Free legal aid is not charity, but the fundamental right of the accused, he observed.
The judge said Indian law did not permit a lawyer from Pakistan to fight a case here. Moreover, given the absence of any response to Ajmal’s earlier letter demanding consular access from Pakistan, the court will have to look into providing legal aid for him.
Following Ms. Waghmare’s removal, the search for a defence lawyer for Ajmal is on once again. Special Prosecutor Ujjwal Nikam pressed for a speedy appointment. The court has sent a letter to the president of the Bar Association in Mumbai asking him to be present in court on Thursday and suggest names of lawyers. It was necessary to appoint a lawyer who can handle a case of this nature, Mr. Tahaliyani said.
The issue is expected to be resolved in a day or two.
Advocate Ejaz Naqvi will represent Sabahuddin and temporarily Ansari, till he engages a lawyer of his choice. Ansari’s wife was present in the court on Wednesday. She asked for a month’s time to find a lawyer.
On Wednesday, Mr. Nikam submitted applications asking for copies of CDs carrying conversations between the accused and their masterminds.
He also asked for Ajmal’s confessional statement. The next case hearing is on Thursday.
Eager eyes turned to catch a glimpse of Ajmal, as he was produced in the special court.
Ajmal was first brought in with his face covered and then the cover was taken off. A diminutive Ajmal, dressed in loose slacks and t-shirt, looked amused right through the court proceedings. He was sitting on a bench in a witness box and kept chatting with Ansari, after which the court asked them to maintain silence. Sabahuddin was then made to sit in between Ajmal and Ansari. Ajmal look relaxed and showed no sign of discomfort or nervousness. He seemed to follow the proceedings, which were in English
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