HC to hear govt petition on sending Kasab's evidence to Pak
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The Bombay high court on Wednesday posted for hearing on December 7 a petition filed by Maharashtra government asking for certified copies of certain documents to be sent to Pakistan regarding evidence adduced against terrorist Ajmal Kasab in the 26/11 terror attack case.
Justice Ranjana Desai and Justice R.V. More decided to hear the matter on December 7 and asked Advocate General Ravi Kadam and Additional Solicitor General Darius Khambatta to make submissions along with Government Counsel Ujjwal Nikam.
The petition contended that documents were required by Pakistan for the 26/11 terror attack trial in that country where seven accused, including Zaki-ur-Rehman Lakhvi, alleged mastermind and LeT's chief of anti-India operations, are facing charges of masterminding the strikes in Mumbai.
The documents sought by Pakistan include autopsy reports of 166 persons who were killed in terror strikes and crucial evidence of witnesses adduced against Pakistani terrorist Ajmal Kasab in a sessions court in Mumbai.
As the death sentence awarded to Kasab has come up before the high court for confirmation, the entire evidence has been tabled before the division bench.
The government's petition said the request for these documents had been made by Pakistan's Investigating Agency to the Union home ministry of the Government of India last month.
On two occasions earlier, the government had sent some documents pertaining to 26/11 trial in Mumbai after seeking permission of the trial court here. The evidence against Kasab can be used against accused facing trial in Pakistan, according to CrPC provisions of that country.
Meanwhile, Kasab's lawyer Amin Solkar argued before the court on Wednesday that prosecution had not proved the seizure panchnama of "Kuber" boat in which terrorists had reportedly arrived in Mumbai from Karachi on November 26, 2008.
Firstly, he said, "Kuber" boat was not produced before the court and secondly the articles seized from the boat, including jackets and blankets, were not proved by the prosecution.
Solkar argued that although the panchnama mentioned that police photographer was present in the boat and that he had clicked pictures from various angles, the photographs were not produced before the court.
He said the police could have proved the articles lying in Kuber through the photographs.
Solkar further pointed that prosecution had failed to examine witnesses to prove the contents of the panchnama. When they realised this lacunae the witnesses were recalled and examined later. This practice is not correct, he argued.
Justice Ranjana Desai asked public prosecutor Shahji Shinde to explain why the panchnama was not proved by examining witnesses and why they were recalled later.
Government Counsel Ujjwal Nikam was not present as he has gone to US to participate in a global meet on "Ways to counter terrorism" organised by the United Nations.
Kasab did not appear on Wednesday on the screen put up in the court for the video conference link to enable him hear the proceedings from the jail.
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