Click to play videoThe trial in the November 26 terrorist attack case started in Mumbai on Friday with some startling, chilling revelations from Mohammad Ajmal Kasab - the lone surviving gunman on 26/11. Apart from admitting to training in Pakistan, Kasab also confessed to a plan of destablising India and capturing Kashmir. But in a dramatic turnaround, Kasab later retracted his statement. Will there be quick justice in the case or will it be a long-drawn trial like the 1993 Mumbai blasts case? Defence lawyer Abbas Kazmi and Public Prosecutor Ujjwal Nikkam discuss on India at 9.
CNN-IBN: Mr Kazmi, do you accept that Kasab is guilty of terror? Is this the premise that you are starting the case with?
Abbas Kazmi: As a defence advocate, how can I concede that? The onus is on prosecution to prove their case beyond doubt. I can't concede to any such proposition.
CNN-IBN: The first thing Kasab did was to retract his confession - a standard in all criminal cases. Did it surprise you?
Ujjwal Nikkam: I was not surprised. I was expecting this. Every ordinary criminal is bound to retract confession. It did not affect my case because I have clinching evidence that Kasab had given a confession before the magistrate voluntarily. Today his allegations against police are an afterthought. He had a judicial confession in Feb 2009. Now he is retracting after a long period, that too after his plea to be considered juvenile was rejected.
CNN-IBN: Respond to that Mr Kazmi. Your client cannot get away from 26/11. Why is he trying to retract? Is it a strategy you are not willing to reveal?
Abbas Kazmi: It’s only after instruction from my client have I retracted the statement. It's usual practice.
CNN-IBN: It's a very different kind of a trial. Are you looking to prolonging it or are you okay with a summary trial with full defence available to Kasab?
Abbas Kazmi: The question of delaying the trial does not arise because the trial has just begun. Only today have I been given a copy of the chargesheet and I am yet to go through it. Now the case will proceed day by day.
CNN-IBN: Will Ajmal Kasab be still given a free and fairtrial? Isn't this an open and shut case?
Abbas Kazmi: The Indian government and judicial system is trying to give Kasab a fair trial. For this reason, I was appointed by the court. As a responsible professional, I will fulfill my duties in the best possible manner.
CNN-IBN: Mr Nikkam, there are 166 charges against Kasab. Could the trial get prolonged because of that? We've seen the difficulties you've had in getting convictions in the 1993 Mumbai blasts case.
Ujjwal Nikkam: I can understand everyone's anxiety. I have a time scheduled programme, provided the defence cooperates.
CNN-IBN: What's your time schedule?
Ujjwal Nikkam: In six months, I should finish the trial should the defence lawyer cooperate.
CNN-IBN: Mr Kazmi do you agree justice will be served in this case by a quick trial, without delays?
Abbas Kazmi: If cooperation means surrendering the defence and accused's rights, I am sorry, such cooperation in a fair trial shouldn't be done.
CNN-IBN: Are you worried about being targeted?
Abbas Kazmi: Yes, I am worried. But professional duties have overcome the fear factor.
CNN-IBN: Mr Nikkam, Will 26/11 become like 1993 blasts case or will there be quick justice?
Ujjwal Nikkam: Defence is prolonging the trial by not permitting certain documents like post-mortem notes etc. Similar things had happened in 1993 blasts case too and Mr Kazmi was there as well. Ask him if he permitted any formal documents then. He did not. I am not saying hang the accused without proof. I have strong proof and the only question is about cooperation from defence.
CNN-IBN: Mr Kazmi, the accusation is not just of delaying but also Kasab saying he was under 18 years of age despite prosecution documents pointing to the contrary.
Abbas Kazmi: It is clear with the way he is behaving that he is a juvenile…
CNN-IBN: Mr Kazmi, no juvenile goes around shooting people. He is a terrorist. Give him a fair trial but cooperate with prosecution and get this case wrapped up in time.
Abbas Kazmi: If cooperation means submission of documents they want, I cannot cooperate because it happened in the Afzal Guru case that submitting one document got him convicted. I have to defend my client in the best possible way.
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