Kasab’s sensational u-turn aimed at hampering trial

MUMBAI - Pakistani terror accused Mohammed Ajmal Amir alias Kasab’s blatant denial to accept any of the charges against him, though not entirely unexpected, has only sought to create confusion in the minds of the people.

Apart from denying the charges, despite the evidence of 610 witnesses and other incriminating facts, Kasab has thrown several new red herrings that could hamper the completion of the eight-month-long trial.

For instance, he claimed Friday that he had come to India 20 days before the terror attacks to act in Bollywood films and was not involved in the shootings. Kasab further claimed that he was arrested three days before the 26/11 attacks and was forced to replace one of the dead terrorists whom he resembled.

He made these utterances during the course of his statement recorded under Sec 313 of the Criminal Procedure Code (CrPC), 1973, a vital process during the course of the trial of any accused.

But his three previous statements, recorded as per Indian law are completely contradictory to the new claims he made today - which becomes his fourth officially recorded statement.

The three other previous statements reveal in great detail the plans of the non-state actors of Pakistan directing the 26/11 terror attacks, his trainers in Pakistan, his initiation into the Lashkar-E-Taiba (LeT), training details and finally his selection for the Mumbai mayhem mission.

Kasab remains the sole survivor of the 10-member armed LeT terrorists who held India’s commercial capital to ransom in a 60-hour mayhem in which 166 people were killed and 244 injured.

Kasab’s first statement was made before officials of the Mumbai Police on Nov 29 last year, two days after he was arrested from Girgaum Chowpatty.

The second statement was recorded by Additional Chief Metropolitan Magistrate (ACMM) Rama Vijay Sawant-Wagule of the 3rd Esplanade Court on Feb 20.

During the course of her evidence as a witness, ACMM Sawant-Wagule had confirmed that Kasab’s confession recorded before her (Feb 20, 2009) was “voluntary” and he was in judicial custody at that time.

Subsequently, on July 20 this year, he made a voluntary confessional statement before the Special Judge M.L. Tahilyani, who is presiding over the high-profile terror attacks trial in the Special Court set up inside the high-security Arthur Road Central Prison in south Mumbai.

He surprised the court by saying he was indeed guilty and wanted to be hanged.

“Sir, I plead guilty,” he said and then delivered a lengthy account of his role in the attack.

Besides there are the statements of two other co-accused - Fahim Ansari and Sabahuddin Shaikh - which were recorded before the court; though they did not make any voluntary confessions in the case.

They outlined their crucial role in laying the groundwork which enabled the 10-member group from Pakistan to execute the terror plan - which has also been amply established by the prosecution.

The three statements by Kasab are critical for the investigating team as well as the prosecution.

In his initial statements he also named his nine-co-accused (all dead in the combined security operations), how he teamed and became a buddy of Abu Ismail who was the leader of the mission and the first to be killed.

Kasab previously has also made references to one ‘Major General Sa’b’ who had appreciated his firing prowess.

The rigorous training, according to Kasab, included the basics of intelligence and deception, travel and survival for long hours in the sea, his journey from Karachi to Mumbai by an LeT ship, Al-Husseini, the hijack of a fishing trawler ‘Kuber’, then finally the ride a motorized rubber dingy till the fishermen’s colony in Colaba.

His third statement before the Special Court is critical as he recounts many details of their training and the subsequent operations.

Special Public Prosecutor Ujjwal Nikam acidly reiterated his old comment: “Kasab is a great actor, and Bollywood should take note of him.”

“We have clinching evidence against him.”

Nikam also felt that Kasab’s retractions will not affect the trial in any manner and he is expected to reach its logical conclusion within two months.