HC rejects Kasab plea to determine age

Kasab’s first lawyer in the trial court Abbas Kazmi had taken a stand that since Kasab was less than 21 years of age at the time of attack, he should be tried by a juvenile court.

However, the trial court, after verification of jail records and Kasab’s confession, had rejected that argument and determined his age to be over 21 years. He was subsequently sentenced to death for being responsible for the death of at least 166 innocent people of Mumbai.

Kasab’s defence lawyers tried the same tactic during hearing of his appeal in the High Court, but their efforts came to nought with Tuesday’s order.

The High Court Bench comprising Justices Ranjana Desai and V M More held that the trial court, after holding an enquiry into Kasab’s age, had come to the conclusion that he was a major. The judges said since the issue had already been decided by the trial court, Kasab’s plea could not be considered now.

Government counsel Ujjwal Nikam argued that the trial court had conducted a probe into Kasab’s age by making him undergo ossification test.

The judges felt that such a plea at the fag end of the case in the High Court appeared to be a move to postpone the hearing on confirmation of Kasab’s death sentence.

Government reply

In another development, the High Court asked the state to file its reply on Wednesday to another plea made by Kasab seeking constitution of a medical board to study his psychological profile and frame of mind.

Kasab’s lawyers Amin Solkar and Farhana Shah also requested the high court to appoint an NGO working in India and Pakistan to evaluate his family background and circumstances which made him participate in the 26/11 terror attacks for which he was sentenced to death. The issue will be decided on Wednesday.

In his argument, Nikam mentioned Kasab’s confessional statement before a magistrate that his voluntary disclosure would motivate fellow terrorists (fidayeen) to carry out similar acts and achieve martyrdom. Nikam said these instances showed the depraved mentality of the captured Pakistani terrorist.