Making it clear that it could not wait further for 26/11 terrorist Ajmal Kasab to file an appeal against the trial court's order sentencing him to death for his role in the 26/11 terror attack, the Bombay high court on Monday said it would proceed with the confirmation of the death sentence from October 11 or October 18.
Public Prosecutor Ujjwal Nikam said the Pakistani terrorist had a threat perception and bringing him to court would be a great risk, to which the court suggested that Kasab could appear through the medium of video conference.
In a related development, an activist of right wing organisation Azad Hind Sena made an allegation in the high court, claiming that Ujjwal Nikam was a member of Kasab's gang.
But the court refused to entertain him, saying he had not filed an intervention application and asked the police to remove him from the court, after Nikam informed the court that another bench had earlier banned him from filing vexatious petitions.
A bench headed by Justice Ranjana Desai told Kasab's lawyer Farhana Shah that the 60-day period provided in law for filing an appeal had already lapsed. The judges made it clear that they would go ahead with the confirmation of death sentence imposed on him by the lower court on a day-to-day basis from October 11 or October 18. In the meantime, Kasab can file an appeal.
"It is not necessary in law to wait for your appeal...We are not finding fault with you. It is possible that you may be facing difficulty but we cannot wait," the bench told Kasab's lawyer.
The judges also asked Kasab's lawyer to meet him in jail today itself and find out whether he wished to attend the hearing in the court or not. If yes, then the court would seek the state's opinion on what security measures it will take and pass an order to fix a date for the day-to-day hearing of the matter.
Kasab's lawyer Farhana Shah said that whenever she went to seek instructions from her client in the jail, they were surrounded by police officials and, therefore, he was not willing to talk to her freely.
However, Nikam said the concerned officials may be jail staff and not the police. The court refused to go into the issue, saying, "We will not interfere. You please go ahead and seek instructions".
On May 6, Kasab was sentenced to death for killing, along with other terrorists, 166 people on November 26, 2008. On May 24, he was served a copy of the judgment in jail. Later, the high court appointed lawyers Amin Solkar and Farhana Shah to defend him.
