Mumbai Terrorist Attack-News stories and timeline

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chetak
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Re: Mumbai Terrorist Attack-News stories and timeline

Post by chetak »

I am confused.
Does kasab currently have a lawyer or not?

http://www.dawn.com/wps/wcm/connect/daw ... -mukherjee

Mother to meet Kasab during trial: Mukherjee
By Jawed Naqvi
Thursday, 16 Apr, 2009 | 06:45 AM PST

Quote

Citing public interest, Advocate KBN Lam had moved an application before the court alleging that Waghmare had accepted the brief from Harishchandra Shrivardhankar, who was a victim of an alleged attack by Kasab and his accomplices at Cama hospital in Mumbai on Nov 26 last year.

He is a prime witness in the case and was seeking compensation from the government for injuries sustained in his neck during the attack.
While striking down Waghmares’s appointment, the court allowed Waghmare’s assistant KP Pawar to continue to represent Kasab. Waghmare had earlier been appointed from a legal aid cell and Shiv Sena activists had attacked her residence on the night after her appointment was declared.
chetak
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Re: Mumbai Terrorist Attack-News stories and timeline

Post by chetak »

I doubt that a lawyer of the standing and experience of Anjali Waghmare would have made such a basic mistake of attempting to represent both sides of the same case, specially one as high profile as this one.

The fine hand of kangress ka haath ka*ab ke saath seems to be at play here. How did they suddenly unearth Abbas Kazmi.? Placation seems to be the name of the game. "Human rights" are important and the state govt has not only to be "fair" but also to appear to be fair.

Election year after all, no? Nobody wants another batla house type of reaction.

The conclusion however seems to be foregone and will end with a hempen necktie. :D



http://www.hindustantimes.com/StoryPage ... new+lawyer


Abbas Kazmi appointed as Kasab's new lawyer
Mumbai, April 16, 2009


The court has appointed another lawyer for lone surviving gunman in Mumbai terror attack case, Mohammed Amir Ajmal Kasab. Abbas Kazmi has been appointed as Kasab's new lawyer.

Kazmi is a well known name in the legal circle. He is a private lawyer and not from the legal aid panel and has met the accused.
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Re: Mumbai Terrorist Attack-News stories and timeline

Post by SSridhar »

Dilbu wrote:I have created the blog. http://mumbai26eleven.wordpress.com. It includes all the reports in this thread till now. Kindly let me know your suggestions.Thanks.
Great effort Dilbu
sum
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Re: Mumbai Terrorist Attack-News stories and timeline

Post by sum »

The court has appointed another lawyer for lone surviving gunman in Mumbai terror attack case, Mohammed Amir Ajmal Kasab. Abbas Kazmi has been appointed as Kasab's new lawyer.
First sentence this Kazmi guy said was : There is no proof Kasab is Paki!!! :roll: :-?

He is the same guy who has defended 20 of the Mumbai blast accused and some other terrorist case (cant remember which)...
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Re: Mumbai Terrorist Attack-News stories and timeline

Post by CRamS »

Guys:

Please update me. What is all this Kasab trial about? Is it another instance, like showing off how 'secualr' is and appeasement, India is trying to prove to the west that it honors rule of law? I mean this pig ought to be chopped into pieces and fed to real pigs in the glare of international media and then handed over to Kiyani at the Wagah border. Like secularism, we all know the west's show of rule of law when it comes to its interests. Recall, eveyone one of those 9/11 scum tried were convicetd and put away for life after some showcase trials; none of this crap about proving whethere they were this or that. And we all know about the Bay area in Cuba and heaven knows how many torture chambers run by USA around the world where Jihadis are receiving the treatment they deserve. So what is all this circus about Kasab's trial? What is India going to prove? Give me a break.
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Re: Mumbai Terrorist Attack-News stories and timeline

Post by Anujan »

CRamS wrote:Please update me. What is all this Kasab trial about? Is it another instance, like showing off how 'secualr' is and appeasement, India is trying to prove to the west that it honors rule of law? ..... So what is all this circus about Kasab's trial? What is India going to prove? Give me a break.
CRamS
Everything that India does is not a "show" for the west. Like it or not, respect for the rule of law is enshrined in the spirit of our constitution. Trying Kasab is not "proving" anything to the "west" as much as Indians still adhering to their tradition and law of giving everyone a fair hearing.

Firstly, even though in Kasab's case, it is walking through the motions of proving the case against him, it is Indian law that one should be tried and convicted before one is punished. You are asking him to be "chopped into pieces without trial". Who makes the call as to the "obvious cases" of guilt as opposed to "non obvious" instances where guilt needs to be proved ?

Secondly, the trial also serves a related but non-central purpose: (a legally valid) document about the actions of the police, the investigative procedures, the lapses and successes in our investigations ?
CRamS wrote:Recall, eveyone one of those 9/11 scum tried were convicetd and put away for life after some showcase trials; none of this crap about proving whethere they were this or that. Give me a break.
Actually that is factually incorrect. Can you please look around and tell me how many 9/11 accused were given a trial (showcase or otherwise) and what the current status is vis-a-vis their trials ? (let me give you a hint. One guy was convicted and he has appealed. That would be Moussaoui )
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Re: Mumbai Terrorist Attack-News stories and timeline

Post by ManuJ »

Don't know if it has been posted before - Shekar Gupta conducts a 2-part interview with (now retired) DG NSG J K Dutta for Walk the Talk. Most interesting.

Part 1

Part 2
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Re: Mumbai Terrorist Attack-News stories and timeline

Post by Dilbu »

chetak
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Re: Mumbai Terrorist Attack-News stories and timeline

Post by chetak »


And the spin begins.

First kazmi doubts whether kasab is really a paki and now he doubts whether kasab is really an adult.

If you cannot convince, then confuse! :rotfl:

Must be warming a lot of the cockles of their hearts in the land of the pure!

Quote

Conviction of a minor

Sec 22. Juvenile Justice Act

Orders that may not be passed against delinquent juvenile. – (1) Notwithstanding anything to the contrary contained in any other law for the time being in force, no delinquent juvenile shall be sentenced to death or imprisonment, or committed to prison in default of payment of fine or in default of furnishing security :.
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Re: Mumbai Terrorist Attack-News stories and timeline

Post by K_Reddy »

Mumbai confession 'was coerced'

From the above link:
The leading suspect in the Mumbai (Bombay) attacks trial has retracted his confession.
WTF. And
Two Indians, Fahim Ansari and Sabauddin Ahmed, are also on trial, accused of being members of the Lashkar-e-Taiba militant group and of scouting for the attacks.
How did this escape attention for so long. Damn Kongrass.
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Re: Mumbai Terrorist Attack-News stories and timeline

Post by SSridhar »

K_Reddy, the accused withdrawing confession is a standard practice in India. I also believe that a police confession doesn't stand in a court of law. I do not see it as a problem. There is overwhelming evidence to hang him many times, if only we can.

About Fahim Ansari & Sabauddin Ahmed, we know for a long time now they were LeT operatives. Nothing surprising there either.

We will soon see some WKKs trying to cash in on Kasab's withdrawal of confession, his claim he is a juvenile (delinquent) etc. It will reach a high pitch after the proposed visit of Kasab's mother. Then somebody will say that India should be magnanimous and our Shri. Palaniappan Chidambaram, if he happens to be the Home Minister after the elections too, may say that since there is a huge pressure to abolish capital punishment, Kasab should be given just life imprisonment (remember PC's reasoning for the delay in Afzal Guru's execution ?). The Government may instruct the Prosecutor not to press for Capital Punishment as it is likely to go. However, we shall overcome all that. AoA.
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Re: Mumbai Terrorist Attack-News stories and timeline

Post by Lalmohan »

folks, please allow the legal process to proceed without anger - including the games of the defense lawyer. kasab is still entitled to the best defense he can get - defense lawyers play games, its the way things are. this is what being a democracy means.
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Re: Mumbai Terrorist Attack-News stories and timeline

Post by Sachin »

SSridhar wrote:K_Reddy, the accused withdrawing confession is a standard practice in India. I also believe that a police confession doesn't stand in a court of law. I do not see it as a problem. There is overwhelming evidence to hang him many times, if only we can.
True. A confession made to a police officer is not treated as a true confession. The confession has to be made in front of a judicial officer (generally a judicial magistrate) who will record every thing in writing. Generally this officer also asks whether the confession is made after police putting undue pressure on the accused. The only different to this was when POTA was still law. In POTA a confession made to a Police Superindent or above was taken as a confession.
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Re: Mumbai Terrorist Attack-News stories and timeline

Post by Atri »

The sort of "timepass" GOI is indulging in, with respect to Mumbai 26/11 investigations, is nauseating. It is as if, GOI does not want to decipher the case.

Now, Kasab has retracted the confession. This is where POTA helps. Of course, Kasab can't escape, he is caught red-handed and have enjoyed lots of media coverage. He is bound to go down, in spite of POTA. But other low-profile guys buy more time by retracting the statements and giving police a wild goose's chase.

Now this coercion BS. This will invoke human rights wallahs and WKK's to rattle the scene. I would not have been worried if the judiciary in our country were efficient and fast. But given the already slow pace of our judicial system, such stupid interjections are annoyingly frustrating.

This is nothing but timepass... and a very cruel one..
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Re: Mumbai Terrorist Attack-News stories and timeline

Post by SSridhar »

Chiron wrote:. . . I would not have been worried if the judiciary in our country were efficient and fast. But given the already slow pace of our judicial system, such stupid interjections are annoyingly frustrating.
That's true. The judge, in this case, should run the court very tightly and not allow dilatory tactics from Kasab's lawyer.
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Re: Mumbai Terrorist Attack-News stories and timeline

Post by pgbhat »

Inside Kasab's Mumbai Courtroom
excerpt about security for the butcher
On Wednesday, it was an orderly, impressive show of force by a sea of khaki-wearing state police and assault-rifle carrying border patrol officers. They filled the streets, corridors and windows in and around Mumbai's Arthur Road jail in the city center.

Journalists, court stenographers and lawyers were frisked three different times as they made their way down the long alleyway from the street to the bomb-proof courtroom built solely for the trial of 21-year-old Mohammed Ajmal Kasab.

Along the way, we were all stripped of our handbags, mobile phones and even our pens, which police stored in numbered plastic bags. Police handed each of us a single candy-cane colored ballpoint pen to replace the ones that had been temporarily apprehended.
We passed through two metal detectors and a sequence of locked metal gates that opened only a crack to allow one or two people at a time to enter. Only those carrying the laminated identification cards police made for the occasion—with names, photos and "26/11 Trial," typed in blue ink, could even attempt this security obstacle course.

Police were clearly leaving nothing to chance.
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Re: Mumbai Terrorist Attack-News stories and timeline

Post by ramana »

There is a distinct possibility nay certainity that TSP will try to get AKsab killed for that robs India of showing the TSP connections in public court of law.
So all that frisking/wisking is needed.
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Re: Mumbai Terrorist Attack-News stories and timeline

Post by chetak »

ramana wrote:There is a distinct possibility nay certainity that TSP will try to get AKsab killed for that robs India of showing the TSP connections in public court of law.
So all that frisking/wisking is needed.

Typical paki grandstanding for the world stage audience. BBC has already weighed in with "Mumbai confession 'was coerced'".

There is definitely some legal heavy lifting for kasab being provided by the pakis on the sly to kasab's legal team.

After all, the penal codes and legal system of the two countries have the same parentage.

Anjali Waghmare's naïve exit from this case is a bit too fortuitous to be credible.
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Re: Mumbai Terrorist Attack-News stories and timeline

Post by SSridhar »

As Harish Salve was saying yesterday in the "Headlines Today" channel, this case should have been tried under a military tribunal, not in normal civil/criminal courts. Besides, he was also saying that instead of filing a huge conspiracy case against Kasab that involves ISI, PA and terror organizations in TSP, he should have been simply charged with causing the murder of Asst, Police SI Tukharam Omble and hanged for that offence because the huge conspiracy case will be too difficult to prove in a court of law and the Judge may throw the case out for lack of concrete evidence as most of it has to come from TSP which will naturally not provide them.
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Re: Mumbai Terrorist Attack-News stories and timeline

Post by Dilbu »

I confessed under duress, says Kasab
MUMBAI: Mohammed Amir Ajmal Kasab, the only surviving member of the terrorist squad that struck at multiple locations in Mumbai last November, made a plea to retract his confession on the first day of the trial here on Friday.

Defence lawyer SG Abbas Kazmi while filing the application on Kasab’s behalf, told special court judge ML Tahilyani that the accused was retracting his confession as it was taken under "duress" by police. Kasab’s confession was made before a magistrate.

The court, which is yet to give its ruling on the issue, however, rejected Kasab’s contention that he was a minor and not ‘aged 21’ as claimed by the prosecution, and that he should be tried under the Juvenile Justice Act.
The legal eagles have started the proceedings. Hope it will be all over very quickly. We dont want another Afsal Guru sitting in jail and eating Biriyani at tax payer's expense.
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Re: Mumbai Terrorist Attack-News stories and timeline

Post by Patni »

Possible Destination of hijacked scoda was Raj-bhavan
A map which showed locations such as Chowpatty, Malabar Hill and Raj Bhavan was recovered from Ismail's pocket, Special Public Prosecutor Ujjwal Nikam told a special court in Mumbai
I remember members speculating on likely destination of terrorist kasab & Ismail when they were driving towards north and stopped at chowpatty.
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Re: Mumbai Terrorist Attack-News stories and timeline

Post by SSridhar »

Kasab takes a different stand
Judge : "Tumhari problem kya hai?" (what is your problem?)

Kasab : "Meri problem yeh hai ki kuch bhi samajhnmein nahin aata" (My problem is that I cannot understand anything)

Judge : Kyun? (Why?)

Kasab : Sirf Kasab aur Pakistan Yehi hi sunayi deta hai (I can hear only Kasab and Pakistan, the rest I cannot follow) Hindi mein ho jai to acha hoga (it will be fine if proceedings are conducted in Hindi).

Judge : Tumhari Tabhiyat to thik hai? (Are you all right?)

At this juncture Prosecutor Ujjwal Nikam intervened to say Kasab was all right and appeared to be fine. :lol:

Nikam then continued with his submissions.
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Re: Mumbai Terrorist Attack-News stories and timeline

Post by suryag »

For the love of great god can someone tell me what are we trying to project here.Are we trying to show off that we are humane(we are very capable of giving 5-star treatment to invaders,attackers etc). I have been going through these sound bytes and that pig seems to be having a whale of a time. First, he says he is a juvenile and then he says he cant understand .. well i am least bothered about his objections, he should be happy that we provided him a real court and not a kangaroo one. We should complete this trial at the earliest and send him to receive his 72.
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Re: Mumbai Terrorist Attack-News stories and timeline

Post by CRamS »

suryag wrote:For the love of great god can someone tell me what are we trying to project here.Are we trying to show off that we are humane(we are very capable of giving 5-star treatment to invaders,attackers etc). I have been going through these sound bytes and that pig seems to be having a whale of a time. First, he says he is a juvenile and then he says he cant understand .. well i am least bothered about his objections, he should be happy that we provided him a real court and not a kangaroo one. We should complete this trial at the earliest and send him to receive his 72.
We are trying to impress the mighty west that even we are hit mercilessly, we respect rule of law. We are trying to impress TSP and Indian 5th columnists with due process of law. Only problem is that west will turn around and say take care of your poverty first, they will still give pompous, sanctimonious lectures to India on stopping on 'human rights violations' of Muslims. TSP will say, thank you very much for trying Kesab, but give us Kashmir so you don't have to try more Kesabs in the future :-). Neither is going to be mighty impressed, on the contrary, such softness and cowardice will only breed contempt.

In contrast, the mighty west sets up the gorgeous Bay area in Cuba, and electronic torture chambers around the world to pack assortment of Jihadi terrorists including TSP allies on all-paid vacation jaunts :-). Occasionaly, they will try a Mossavi or Padia and lock him for life or send him the electric chair. Not the kind of humiliating circus we are witnessing in India.
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Re: Mumbai Terrorist Attack-News stories and timeline

Post by hnair »

The mighty west was stripped naked off its moralizing ways by Gitmo. Gitmo did no favour for anyone (except for the hygiene deficient KSM, who got some good waterboarding baths thanks to Dick Cheney). When an Indian gets to hear about "Daleets and Cashmere" by western chatteratti, a polite mention of Gitmo makes them strap on the alpine skiis and go downhill. So something good came out of Gitmo, but not for the mighty west.

Kasab needs to be kept alive and the little bitch be given the longest court time ever - sessions for atleast a few years. Let kasab get a good lawyer, who asks detailed questions. Why? Because it is all about the Indian public. GoI by itself is defensive and might not divulge more info of the evil plotters to its own public. Indian public, long used to terrorist violence, needs a long drawn out news saga to keep alive, their focus on the evil Paki Army. The WKK brigade will soon start munching the biriyani and point the chicken drumsticks at us, saying "they are like us onlee and you are a jingo". Indian public will soon forget the likes of that vile monster, the Pakistani Major-General "handler" of Kasab. That evil creature will live in peace and die a peaceful death. That should not happen - he or his family should know no peace for the rest of his miserable life over in Pakistan. For years, let his name be there in every Indian news channel and newspaper, as the case is discussed threadbare. If kasab gets eliminated all this will not happen. So keep him as safe as possible and keep him alone in an a/c concrete bunker. Why A/C? No windows - so he never gets to see natural light for the reminder of his life. Once a while, a powercut will happen...... but tough luck for the little runt. No chain-link rabbit hutch with Hemingway-ish views of a tropical bay, like in Gitmo.

Check out the SriLanka thread to know the effects of a long drawn out court case. If that case was quickly over in the early 90s by wiping out the entire hit team, then we might already be talking about "repatriation of the LTTE" or "Let us identify the good LTTE" type BS.
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Re: Mumbai Terrorist Attack-News stories and timeline

Post by BijuShet »

CRamS wrote:
suryag wrote:For the love of great god can someone tell me what are we trying to project here.Are we trying to show off that we are humane(we are very capable of giving 5-star treatment to invaders,attackers etc). I have been going through these sound bytes and that pig seems to be having a whale of a time. First, he says he is a juvenile and then he says he cant understand .. well i am least bothered about his objections, he should be happy that we provided him a real court and not a kangaroo one. We should complete this trial at the earliest and send him to receive his 72.
We are trying to impress the mighty west that even we are hit mercilessly, we respect rule of law. We are trying to impress TSP and Indian 5th columnists with due process of law. Only problem is that west will turn around and say take care of your poverty first, they will still give pompous, sanctimonious lectures to India on stopping on 'human rights violations' of Muslims. TSP will say, thank you very much for trying Kesab, but give us Kashmir so you don't have to try more Kesabs in the future :-). Neither is going to be mighty impressed, on the contrary, such softness and cowardice will only breed contempt.

In contrast, the mighty west sets up the gorgeous Bay area in Cuba, and electronic torture chambers around the world to pack assortment of Jihadi terrorists including TSP allies on all-paid vacation jaunts :-). Occasionaly, they will try a Mossavi or Padia and lock him for life or send him the electric chair. Not the kind of humiliating circus we are witnessing in India.
CRamSji, the bolded statement from you comes across like you are making this case as an Ecchendee issue for India vis-a-vis the west. What you are witnessing is, as HNairji put it eloquently, a long drawn affair where the details will come out for all to see and read. Let the Indian public understand the real nature of their enemy. Govt of India does believe in the rule of law and will accord due process to all those accused by it of breaking its laws . The whole court drama has no bearing on how others percieve us i.e. this is not a tamasha for others to judge us but to prove to our selves that our true democracy will abide by rules it has laid down for itself. Even the 1993 Mumbai bombing case trials and judgements took over a decade but in the end most of the accused were found guilty and no citizen of India can say that due process was not followed. It is a different matter that the major players of the 1993 case are overseas and hence not able to enjoy our Indian jail biryanis. But if they were to ever set foot in India then the trials have found them guilty hence are already criminals in the eyes of the law.
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Re: Mumbai Terrorist Attack-News stories and timeline

Post by chetak »

http://www.dawn.com/wps/wcm/connect/daw ... e-case--bi

Quote

Mumbai attacks trial adjourned after lawyer’s plea

Wednesday, 22 Apr, 2009 | 03:44 PM PST |

Abbas Kazmi, the newly appointed lawyer for Mohammad Ajmal Kasab, is escorted by security personnel as he arrives at the Arthur Road Jail.—AP

MUMBAI: A judge Wednesday adjourned the trial of the man charged over last year's Mumbai attacks, to allow his new defence lawyers time to prepare their case.

Sitting at a special prison court in Mumbai, judge M.L. Tahiliyani granted Abbas Kazmi and his junior counsel until May 2 to build their defence for Mohammed Ajmal Kasab. Kazmi had applied for a four-week adjournment.

'Eight days from tomorrow (Thursday) will be sufficient for Mr Kazmi to reply to the address of special public prosecutor Mr (Ujjwal) Nikam in his opening remarks,' the judge said.
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Re: Mumbai Terrorist Attack-News stories and timeline

Post by SSridhar »

Inquiry ordered to determine Ajmal's age
The court also ordered jail authorities to take Ajmal for ossification test and dental test to determine his age.

The radiologist and dentist who will conduct the test have been asked to submit a report on or before April 28.
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Re: Mumbai Terrorist Attack-News stories and timeline

Post by IndraD »

So what if Kasab is juvenile, would court take a linient view, absolve him of crime and send back to Karachi by boat?
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Re: Mumbai Terrorist Attack-News stories and timeline

Post by John Snow »

Million Mafia and billion clue less people.

Mera Bharat Mahan.

(what no water boarding?, No electrodes to the truck nuts? No checking for the reflexes with elctro jot? Kasab needs medical evaluation no? No advanced techiques of interogation? the gretest democracy has set standards for terror, we dont follow them we never gonna get to be super power :mrgreen: )


Never forget Lt. Kalia, Never Forget Sqd Ldr Ahuja, Never forget the Sikhs , Hindus, Pundits, Indian Muslims, heck Indians butchered)
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Re: Mumbai Terrorist Attack-News stories and timeline

Post by shiv »

IndraD wrote:So what if Kasab is juvenile, would court take a linient view, absolve him of crime and send back to Karachi by boat?
What? Indians are not that stupid. We will wait for him to grow up and he will stand for election from South Mumbai on a secular ticket against communal forces.
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Re: Mumbai Terrorist Attack-News stories and timeline

Post by chetak »

kasab, the little shit has waged war against the Indian State.

Try him by military tribunal, shoot him and be done with it.


http://www.amnestyusa.org/fair-trials/m ... 104732#6.3

Quote from Amnesty International fair trials manual

29.6.3. Trials of civilians by military courts

In many countries, military courts have jurisdiction to try civilians charged with committing offences on military property. In some countries, civilians charged with crimes against state security are tried in military courts.

The practice of trying civilians in military courts, while not expressly prohibited by international standards, raises fair trial issues. Both the Human Rights Committee and the Inter-American Commission have called for the removal of military court jurisdiction over civilians.

The Human Rights Committee has stated that "n some countries such military and special courts do not afford the strict guarantees of the proper administration of justice in accordance with the requirements of article 14 which are essential for the effective protection of human rights." [Human Rights Committee General Comment 13, para. 4]
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Re: Mumbai Terrorist Attack-News stories and timeline

Post by Gaurav_S »

Coast Guard to buy advanced choppers
“While our search and rescue (SAR) efforts are not limited to Indian region alone, a close liaison being maintained with all Indian Ocean Rim nations and beyond,” he added.

Responding to a question on further cooperation on SAR activities, Vice Admiral Chopra said, “Mechanisms have already been institutionalised with Japan and Korea, and further engagement with the Philippines, Malaysia and Singapore is also envisaged.”

While commending ISRO’s initiative to supply 1000 low-cost distress alert transmitters (DATs) free for distribution to fishermen of coastal states as remarkable, Vice Admiral Chopra urged the Director General-Shipping, coastal states and the ISRO to look into the certification part of DATs and take measures for mandatory carriage of the equipment by all fishing boats.
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Re: Mumbai Terrorist Attack-News stories and timeline

Post by SSridhar »

Kasab's defence nearly impossible: his lawyer
The lawyer for the only surviving suspected gunman of the Mumbai attacks believes defending his Pakistani client in an Indian court poses a “nearly impossible” challenge.

“It’s an uphill task,” said Abbas Kazmi, who maintains that his client, Mohammed Ajmal Kasab, may have been brainwashed into carrying out the atrocity.

“It’s going to be a very, very difficult case from the defence point of view because, as we all know, there is overwhelming evidence and any number of witnesses,” Kazmi, 54, told AFP. “It will be nearly impossible for a defence lawyer,” he added.

I’m preparing my defence to prove that no way it will fall into rarest of rare cases,” he said.

“We have to see what was the reason that led to this brutal killing, (the defendant’s) age and understanding of the matter?: whether a person carrying out this act was in a proper position to understand his actions.” With the 10 gunmen alleged to have been trained, equipped and financed by the banned, Pakistan-based organisation Lashkar-e-Taiba (LeT).

Public prosecutor Ujjwal Nikam has already alleged that the gunmen were the products of an institutionalised “terrorist culture” rampant in Pakistan.

“Religious fanaticism and terrorism is all about some old, wicked person brainwashing youngsters,” said Kazmi. “Teenagers fall prey to these things {Unfortunately, that is not acceptable as defence. Kasab was not of unsound mind. He fully knew what he was into and willingly lent his support to jihad. He even bragged about that to his villagers. There is a certain prestige associated with a ghazi or a shaheed, especially with the latter, in Pakistan and he enjoyed every moment of his fame},” are filled with hatred and misled, he added.

Like many defence lawyers, Kazmi complained of having fewer resources at his disposal than the prosecution.

“The prosecution started their preparations on November 26” (the first night of the attacks) and have had help compiling the technical evidence from the likes of the US Federal Bureau of Investigation and forensic experts, he said. :roll: {So bl***y what ? Kasab has his defence going back to 2007 when he started training with the LeT. Besides, Kasab has all the answers to all the questions that the prosecutors have to find out very laboriously, methodically and excruciatingly. The entire burden of proving the case is with the prosecution, not the defence.}

In contrast, Kazmi, who represented defendants in the 1993 Mumbai bombings case, was only appointed on April 16 and has just one other lawyer to help him.

Kazmi’s state-appointed predecessor, who herself had only been in the job for just weeks, was dismissed the previous day over a potential conflict of interest.

He has until May 2 to digest the 11,000-page charge sheet and prepare a defence.

Despite the punishing workload, Kazmi said he will still work on up to 30 other cases out of financial necessity, dividing his time between courts and his tiny, a one-room office in central Mumbai. He has yet to learn his fee for representing Kasab, although state legal aid lawyers reportedly earn as little as 900 rupees (18 dollars) for an entire case, irrespective of its length.
AjayKK
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Re: Mumbai Terrorist Attack-News stories and timeline

Post by AjayKK »

His lawyer is simply using the much famed Interrogation manual.

In the coming days, kasab is expectd to

1. Dispute his age verifying report.
2. Go on hunger strike.
3. Allege torture
4. Allege discrimination in the name of Islam
5. Move the court saying "lack of juris-diction"
6. Indulge in sensationalism like "forced to sign blank papers" etc.

This will keep getting repeated to add to the frustration. The judge should not yield to these.

Before the 26 november terror, Mumbai was stuck by blasts in trains in what is now known as the "July 11 or 7/11 case". In that case, inspite of evidences against the accused , the case kept getting delayed as such antics were repeatedly enacted. The MCOCA Judge Mrudula Bhatkar did not throw the baseless arguments out , as she was under some ''pressure''
In the end she was changed in a ''routine transfer" :roll:
Dilbu
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Re: Mumbai Terrorist Attack-News stories and timeline

Post by Dilbu »

NSG and army should take note of this. We got one paki pig alive and the point has been made. Thats enough. No more live pigs required in the future as this one will last atleast a decade, sitting in the jail eating tax-payer's biriyani. Send the next lot of pigs directly to their 72s instead of making us put up with this tamasha.
Gerard
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Re: Mumbai Terrorist Attack-News stories and timeline

Post by Gerard »

http://www.tribuneindia.com/2009/20090311/edit.htm#6
Ajmal Kasab has no right to trial
by Dr N.M. Ghatate

Ajmal Kasab, the lone survivor of the terrorist group, which killed scores of innocent people in Mumbai after a four-day gun battle with the armed forces, is a Pakistani citizen. The question of all questions is: what are his rights under the Indian Constitution and the international law?

The answer assumes grave importance because it is now known worldwide that India is vulnerable to such attacks from citizens of Pakistan and other unfriendly countries. And, secondly, India has been fighting foreign-aided proxy for decades.

First, let us note what the Constitution mandates. Article 21 guarantees the right to life and liberty to all persons whether citizens of India or foreigners, and clauses (1) and (2) of Article 22 state that a person arrested under the criminal law has the right to be informed of the grounds of arrest as soon as possible.

Also, he has the right to consult and be defended by a lawyer of his choice and the right to be produced before the magistrate within 24 hours.

But Clause (3) (a) of this article states that none of these rights are available to a person who, “for the time being, is an enemy alien” and (sub clause b) who is detained under a preventive detention law.

Clauses (4) to (5) of this Article provide some safeguards to the detainee to regain his liberty such as the right to be informed about the grounds of detention, the right to make representation to the detaining authority and to the Advisory Board; and Clause (6) empowers Parliament to make laws regarding the procedure for fixing a time limit, the constitution and the procedure for the Advisory Board.

But the fact is no such rights or power whatever is given to an enemy alien under Clause (3) (a) of Article 22.

When the Constituent Assembly on September 15, 1949, debated this article there was a long-drawn debate about the likely abuse of the preventive detention law but not a whisper about the detention of an enemy alien.

Introducing this article, Dr Ambedkar also said that there cannot be any controversy on this point. At that time, he said, the “exigency of individual liberty should not be placed above the interest of state…or of defence services of the country.”

In a nutshell, an “enemy alien” is a class by itself. According to Basu’s framing of the Constitution, Parliament has the power to make laws regarding an enemy alien provided he is detained under the preventive detention law.

Now the question arises: who is an enemy alien? According to The Halsbury’s Laws of England, an enemy alien is the citizen of a country which is at “war with the Crown”. In other words, there should be a state of war to categorise a person as an “enemy alien”.

It is significant to remember that when the Constitution was framed and adopted in 1950 or the United Nations Charter, which emphasises about human rights, was framed in 1945, the international law recognised a state of war and a state of peace and there was nothing in-between.

The former phrase existed when there was a concept of declaration of war and later after there was a peace treaty but since the second half of the 20th century, this situation has undergone a sea-change in the international law.

There have been wars without an official declaration – for example, the Korean war of 1950, the Sino-Indian war of 1962, the Indo-Pak wars of 1965 and 1971, the Kargil war of 1999 and the recent Iraq war.

In these undeclared wars, both sides followed the international law of war. Soldiers captured in uniform of the other side were given the status of Prisoners of War under the Hague Declaration of 1899 and 1904 i.e. they could not be forced to fight against their own country, officers could not be subjected to manual labour, the Red Cross was permitted to deliver to the POWs their mail and goods without duty.

But, and this is a great but, if any enemy alien is arrested without uniform, he had no rights whatsoever. Such a person is treated as a spy and he could be shot down during the war.

He could also be detained without the right of habeas corpus. No human rights or fundamental liberties under the U.N. Charter and even under our Constitution are made available to him.

Undeclared wars and proxy wars have become a part of international relations and India is neither at war nor at peace with Pakistan and this proxy war is endangering the security, stability and sovereignty of India. Therefore, Ajmal Kasab, who is a citizen of Pakistan and who is caught in civilian clothes, has no right under the Constitution or the international law. Nor does he have the right to trial. Such a clear message should be given to Pakistan, which is conducting a proxy war against India and, furthermore, Pakistan should be told that “Goli” and “Boli” (talks and bullets) cannot go on simultaneously.

The writer is a Senior Advocate of the Supreme Court and former Vice-Chairman of the Law Commission of India.
John Snow
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Re: Mumbai Terrorist Attack-News stories and timeline

Post by John Snow »

TS Paki pigs and Goras have more right to constitutional remedies than Indian citizens. case in point Gulf/Dubai slave Indians.
Right to constitutional remedies
Right to constitutional remedies empowers the citizens to move a court of law in case of any denial of the fundamental rights. For instance, in case of imprisonment, the citizen can ask the court to see if it is according to the provisions of the law of the country. If the court finds that it is not, the person will have to be freed. This procedure of asking the courts to preserve or safeguard the citizens' fundamental rights can be done in various ways. The courts can issue various kinds of writs. These writs are habeas corpus, mandamus, prohibition, quo warranto and certiorari. When a national or state emergency is declared, this right is suspended by the central government
Recall the Purulia case.

"Following the intervention of Russian authorities, the Latvian crew (who gained Russian citizenship while in Indian custody) were later pardoned and released in 2000. Peter Bleach, too, was released on February 4, 2004, via a presidential pardon, allegedly due to persistent British pressure. In 2007 Kim Davy was traced by Denmark authorities, and it is possible he may be extradited to India for trial"
Bofors case
The name of the middleman associated with the scandal was Ottavio Quattrocchi, an Italian businessman who represented the petrochemicals firm Snamprogetti. Quattrocchi was close to the family of Prime Minister Rajiv Gandhi and emerged as a powerful broker in the '80s between big business and the Indian government.

Even while the case was being investigated, Rajiv Gandhi was assassinated on May 21, 1991 for an unrelated cause.

In 1997, the Swiss banks released some 500 documents after years of legal wrangling and the Central Bureau of Investigation (CBI) filed a case against Quattrocchi, Win Chadha, also naming Rajiv Gandhi, the defence secretary S. K. Bhatnagar and a number of others. Several attempts to extradite Quattrocchi failed.

Meanwhile February 5, 2004 the Delhi High Court quashed the charges of bribery against Rajiv Gandhi and others,[1] but the case is still being tried on charges of cheating, causing wrongful loss to the Government, etc. Win Chadha also died.
Now If you are Hindu majority community member and indulge in random killings with AK-47 Justice would be instamatic no questions asked
sum
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Re: Mumbai Terrorist Attack-News stories and timeline

Post by sum »

Time to close this thread for some time since blood boils whenever i visit this thread and see the mockery we are making of ourselves?

The script is running eerily similar to a (fictional) satirical play on how a terrorist will enjoy life in India and get acquitted despite openly murdering 100s!!!! :x :x
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