HC to hear Kasab arguments first, appeal later

The Bombay high court on Thursday decided to first hear arguments on the confirmation of death sentence awarded to Pakistani terrorist Ajmal Kasab for his role in the 26/11 terror attacks and then proceed with his appeal against conviction and capital punishment.

Justices Ranjana Desai and R V More asked the Maharashtra government to open arguments on the confirmation of death sentence awarded to Kasab for killing 166 persons in the terror attacks on November 26, 2008. Arguments will begin on October 18 on confirming Kasab's death sentence with special public prosecutor Ujjwal Nikam telling the court that he was ready to give submissions and that arrangements were made for videoconference to enable Kasab hear the proceedings from the jail where he is lodged.

"Irrespective of the legal position on who should argue first -- the prosecution on confirmation of death sentence or the defence on Kasab's appeal -- it is our duty to consider the evidence afresh. Keeping this in view, we are asking the state to begin their arguments first," the bench observed.

The judges also considered a statement made by defence lawyers Amin Solkar and Farhana Shah that Kasab had no objection to the state beginning arguments on the confirmation of the death sentence awarded to him. The bench also took on record that a 1947 Bombay high court judgment, cited by lawyer Farhana Shah in the case of Emperor versus Narayan Ramchandra Jarag, which stated that the state had to begin first on confirmation of death sentence awarded to convict and his appeal was to be heard later.