HC admits state's appeal against two acquitted in 26/11 case

Justices Ranjana Desai and Vijaya Tahilramani issued warrants against the two acquitted and directed that they be produced before a subordinate court. Currently, both are lodged in separate prisons in Uttar Pradesh in connection with a case of firing at CRPF camp in Rampur, according to Government's counsel Ujjwal Nikam.

Under CrPC, when an appeal is admitted the High Court issues a warrant directing that the accused be arrested and brought before it or a subordinate court which may send him to prison pending appeal's disposal or grant bail.

In a related development, the court deferred the matter pertaining to confirmation of death sentence to Kasab to August 30. Kasab was convicted for killing 166 persons with nine other accomplices of LeT on November 26, 2008 at various places in Mumbai.

The court asked lawyers Amin Solkar and Farhana Shah to expedite filing of Kasab's appeal against the death sentence. The judges said they would fix the schedule for day-to-day hearing of these matters -- confirmation of death sentence and the appeals -- on August 30.

Faheem and Sabauddin, who were acquitted by the trial court, were charged with participating in the conspiracy to launch terror attack in the commercial capital of the country.

Faheem was charged with drawing maps and giving them to Sabauddin for passing them on to LeT which hatched the conspiracy. The maps were given to terrorists to carry out dastardly attacks at several places in the city.

The state's appeal contended that the trial court had erred in holding that evidence against Faheem and Sabauddin was "doubtful". On the contrary, it said, the evidence against the duo was very strong as one of the eye witnesses deposed against the duo on the conspiracy.

The appeal further contended that this eye witness had told the court that he had met Faheem in Nepal in January 2008 and in his presence he (Faheem) had handed over maps to Sabauddin asking the latter to forward them to LeT.

Besides, Faheem had hired a house at Cuffe Parade in an assumed name before the 26/11 terror attack. Cuffe Parade is the same area where the 10 terrorists had landed in a boat from Karachi on the ill-fated night, the appeal said.

Kasab is currently lodged in central Prison in a bomb and bullet proof cell which is heavily guarded by Indo-Tibetan Border Security men.