26/11 case: Bombay High Court dismisses Kasab’s juvenile plea
By ANITuesday, December 14, 2010
MUMBAI - The Bombay High Court on Tuesday dismissed the plea of Ajmal Kasab, the lone surviving terrorist of the 26/11 Mumbai terror attacks, to order an enquiry to determine whether he was a juvenile even as prosecution sought confirmation of death penalty awarded to him.
The High Court also asked the prosecution to file its reply by Thursday to Kasab’s another petition seeking constitution of the medical board to study his psychological profile and mental frame of mind.
A bench headed by Justice Ranjana Desai and Justice V M More said the trial court had already decided upon the issue, and added that Kasab’s plea for a fresh enquiry into his age could not be considered now.
State’s counsel Ujjwal Nikam argued that the trial had conducted a probe into Kasab’s age by making him undergo ossification test. After considering the opinion of doctors and evidence, the court had held that Kasab was not a juvenile and that he was above 20.
The judges further felt that such an appeal at the fag end of the case in the High Court appears to be a move to defer the hearing of confirmation of Kasab’s death sentence.
Moreover, Kasab’s lawyers Amin Solkar and Farhana Shah have requested the court to appoint an NGO working in India and Pakistan to evaluate his family background and circumstances, which made him participate in the 26/11 terror attacks for which he was sentenced to death.
This issue would be taken up for discussion tomorrow. (ANI)