JOIN USKasab's lawyer Amin Solkar said evidence adduced by the prosecution showed that then ATS chief Karkare was in touch with the police control room at the time of the attacks and he was informed over wireless that terrorists had opened fire in Cama Hospital.
"Why did Karkare and others take a longer route to reach Cama instead of taking a shorter way as they were in close vicinity of the hospital," Solkar asked. He also questioned why Karkare and other officers had proceeded in the direction where terrorists were hiding when they were specifically informed by the control room that two gunmen, on a killing spree, were holed up behind a car. "Also why did they go near the car when they saw it?"
All these questions need to be answered and the best course would be to call for the wireless message records and the print out of Karkare's cell phone calls which had not been produced in the trial court, Solkar argued.
The high court is hearing confirmation of death sentence awarded to Kasab for his role in killing 166 people in the terror attacks. Solkar, assisted by lawyers Farhana Shah and Santosh Deshpande, denied Kasab's presence in and near Cama Hospital.
They said although the prosecution's case is that Kasab and another attacker, Abu Ismael, had entered the hospital and fired at policemen, evidence before the court indicated that the two terrorists, who had shot dead the officers, were not the same who were present at Cama.
They argued that AK-47 empties were not recovered from the top floors of Cama hospital where Kasab and Ismael were believed to have gone. Also, no bullets of AK-47 rifles were recovered from the spot. Only pistol bullets were found and these were used by police. This indicated that terrorists at Cama did not have ammunition for their AK-47 weapons.
The death of two policemen in Cama Hospital and injury suffered by police officer Sadanand Date were caused due to hand grenades and not as a result of firing, they argued.
If the prosecution's story (that Kasab and Ismael had killed Karkare and others) was true then they would have had the ammunition with them. But evidence showed that in Cama hospital, terrorists were without AK-47 ammunition, they said.
Solkar said police have not adduced evidence to show what had happened after the hijacking of Skoda car at Nariman Point and its interception during a 'nakabandi' at Chowpatty. No probe was done during that intervening period, he argued.
It is the case of the prosecution that Kasab and his slain partner Ismael had hijacked Skoda car after committing terror acts, and the former was apprehended at Chowpatty.
Kasab did not appear for video conference link put up in the court to enable him hear proceedings from jail.