Mumbai:
In a bid to dilute the serious charges of criminal conspiracy and waging war against the government of India, the defence advocates of Mohammed Ajmal Amir Kasab, 23, the only terrorist facing trial in the 26/11 terror attacks case, told the Bombay High Court on Monday that Kasab was, at best, a contract killer whose role in the attacks was limited to CST and outside the Cama Hospital.
Advocates Amin Solkar and Farhana Shah submitted that Kasab had no role to play in the conspiracy hatched to execute the attacks on Hotel Taj, Hotel Oberoi and Nariman House.
"At the most, it can be said that Kasab had performed the role of a contract killer, and could be held responsible for the death of persons at CST and in surrounding areas," Solkar argued.
Relying on the Supreme Court's decision in case of Nalini Singh, accused of assassinating former prime minister Rajiv Gandhi, Solkar said the apex court had laid down four categories of conspiracy -- core planning, aiding and abetting, being part of conspiracy and, lastly, executing the conspiracy. According to Solkar, Kasab fell in the fourth category.
"To establish a conspiracy, there has to be a meeting of minds, and there is nothing to suggest this aspect in Kasab's confession," Solkar told the court.
The only material relied upon by the prosecution was Kasab's confession before a magistrate, which he later retracted and also contradicted it in his guilt plea.
Solkar also pointed out that there were a number of contradictions in Kasab's confession before the magistrate and the guilt plea. While he had earlier admitted to have killed police constable Tukaram Omble and sailor Amarsingh Solkanki aboard MV Kuber, he had denied it in the guilt plea.
Solkar argued that Kasab could have been tried for murder, like any contract killer, but not the other serious charges that can fetch him the death penalty.
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