Kasab's allegation of police torture false, says prosecution

Kasab is a LeT operative and had been sufficiently trained to mislead the court, Prosecutor Ujjwal Nikam contended in final arguments before Judge M L Tahaliyani in the 26/11 attack case.

Nikam was responding to Kasab's allegations in the court earlier that his confession was not voluntary and taken under duress as he was tortured in police custody. He had also alleged that magistrate Sawant Wagale had not read out the confession to him after it was recorded in February last year.

Nikam, on the sixth day of arguments, submitted that Kasab had retracted his confession after a considerable delay on April 17 after consulting his lawyer. The retraction was well planned and an after-thought. In the eyes of law such delayed retraction had no value, he stated.

The prosecutor argued that the gunman or his lawyer had not cross-examined the magistrate in the wake of allegation that his signature was obtained forcibly. Also, the defence lawyer had not cross-examined Investigating Officer Ramesh Mahale in regard to charge that Kasab was tortured. Kasab was sitting in the dock with his head covered with a handkerchief.

Kasab's contention that a police constable was present in the chamber of the magistrate where his confession was recorded and was without any basis, Nikam submitted.

"When a confession is recorded, mere passive presence of a police constable, who has nothing to do with investigations in the case, would not effect the credibility of that confession."

During the recording of confession, Kasab was asked if he needed any advocate for consultation. He wanted a lawyer from Pakistan which is not allowed under Indian laws, Nikam contended.

Before recording his confession, the magistrate had given Kasab ample opportunity to think whether he wanted to make a full and voluntary disclosure, and the grown had taken benefit of this facility given by the court. Now, he cannot claim that his confession was not voluntary, Nikam argued.

Kasab and two other arrested accused, Faheem Ansari and Sabauddin Ahmed, are facing the charge of killing 166 people in the attacks in the metropolis on November 26, 2008.