Mumbai, May 3 (Inditop.com) Pakistani terrorist Ajmal Amir Kasab was Monday declared guilty on 86 counts, including murder and waging war on India, in the horrific November 2008 Mumbai attack case, ending a year-long trial. But, in a stunning blow to the prosecution, a special court acquitted two Indians, Fahim Ansari and Sabauddin Ahmed.
Kasab, 23, the lone Pakistani captured alive after the 26/11 Mumbai slaughter, listened attentively with his head bowed while Special Judge M.L. Tahalyani read out the 1,522-page verdict for almost three hours in a specially built court room in the high-security Arthur Road Jail.
His conviction was based on CCTV footage showing him striding across the Chhatrapati Shivaji Terminus with an AK-47 and a backpack. The prosecution had called 653 witnesses to testify against Kasab.
The judge ruled that Kasab, from Faridkot village in Pakistan’s Punjab province, was guilty of directly killing seven people and a total of 59 along with associate Abu Ismail, who was shot dead after running into a police picket at Girgaun Chowpatty early Nov 27 — hours after the terror assault began in the heart of India’s financial capital on the night of Nov 26.
Kasab, facing a possible death sentence, sat through the hearing quietly, witnesses said, but broke down after the judge explained what the verdict meant.
The process of sentencing will begin Tuesday.
Indians Ansari, 36, and Ahmed, 25, who were also in court, were set free. They had been charged with conspiracy in the terror attacks — preparing maps of the targeted locations and handing these to Lashkar-e-Taiba (LeT) operatives. The two did not show any emotion on being set free.
The trial, Home Minister P. Chidambaram said in New Delhi, underlined that India was a “country governed by rule of law”.
“The judgement is itself a message to Pakistan that they should not export terror to India. If they do, and if the terrorists are apprehended, we will be able to give them exemplary punishment,” Chidambaram told reporters and added that the acquittal showed the “independence and integrity” of the Indian judicial process.
Special Prosecutor Ujjwal Nikam said the acquittal would be challenged in the higher courts. He said Ansari and Sabauddin were “notorious terrorists” and were active members of the Lashkar-e-Taiba (LeT).
The judge also accepted the confession Kasab had given after his arrest.
Kasab was charged on 86 counts, under various sections of the Indian Penal Code, including waging war against the nation. Besides, he faced charges under the Explosives Act, the Arms Act, the Passport Act, the Prevention of Damage to Public Properties Act, the Customs Act, the Explosive Substances Act, the Bombay Police Act, the Foreigners Act and the Unlawful Activities (Prevention) Act.
The court ruled that the role of LeT commander Zakiur Rehman Lakhvi and Kasab’s Pakistani handlers had been established by the prosecution.
“The prosecution has been able to effectively establish the involvement of LeT’s top leadership in this case,” Nikam said.
Of the 35 Pakistani nationals named by the Indian investigators, the court found the involvement of 20 in the 26/11 mayhem.
Amongst them were LeT leaders Lakhvi, Hafiz Saeed, Abu Hamza, Abu Al Kama alias Amjid, Abu Kahfa, Muzammil alias Youssef and Zarar Shah. Two conspirators were identified as “major general saheb” and “hakeem saheb”.
The 60-hour audacious attack that began on the night of Nov 26, 2008 and went on till the afternoon of Nov 29, 2009 was carried out by 10 Pakistani terrorists including Kasab.
They targeted sites like the Chhatrapati Shivaji Terminus, the Taj Mahal Palace and Tower Hotel, Hotel Oberoi-Trident, the Cama Hospital and the Chabad House, a Jewish prayer centre, and the popular hangout Leopold Café.
The trial of Kasab started April 15, 2009 and was completed March 31 this year, after just seven months of hearings, excluding breaks and vacations.
