India: Kasab gets 2 new lawyers, to challenge death sentence

The Bombay High Court Tuesday appointed lawyers Amin Solkar and Farhana Shah for Pakistani terrorist Mohammed Ajmal Amir Kasab, who will challenge his death sentence in the 26/11 Mumbai terror attack case.

The Maharashtra State Legal Cell Tuesday appointed Solkar and Shah as Kasab's legal representatives after the terrorist requested that a lawyer be appointed to represent him in the high court.

Solkar said he would file an appeal challenging the death sentence handed down to Kasab for his role in the November 2008 terror attacks case.

"I am waiting for the judgment copy and other relevant papers before we file the appeal challenging the order of the special court," Solkar told IANS shortly after his new assignment in the high-profile case.

Expressing "happiness" at being chosen for the high-profile case, Solkar said he intended to get down to business as soon as the necessary documents were received.

Kasab, the lone Pakistani terrorist captured alive from the 26/11 Mumbai attack, was awarded the death penalty by Special Judge M.L. Tahaliyani May 6.

Kasab last week wrote a letter to the Bombay High Court through the superintendent of the Arthur Road Central Jail, saying the death sentence was not acceptable to him and that he wanted legal assistance to fight his case.

Source: New Kerala, June 9, 2010

HC appoints lawyers for death convict Kasab

2 senior criminal lawyers were today appointed by the Bombay High Court to represent convicted Pakistani terrorist Ajmal Kasab in his appeal against the death sentence in the 26/11 attacks case.

Amin Solkar, a lawyer of 25 years’ standing, would be assisted by Farhana Shah, also a leading criminal lawyer.

"I was called by Acting Chief Justice J N Patel, executive chairman of Maharashtra State Legal Aid Authority (MSLAA), in the afternoon and handed over a letter of appointment," Solkar told PTI.

"Kasab had requested for lawyer to argue his case and declared his intention to file an appeal. We shall now draft an appeal and file it in the high court," said Solkar.

Kasab had written a letter in Urdu to the high court a fortnight back declaring his intention to file an appeal and seeking a lawyer from the legal aid panel to argue his case.

Kasab had forwarded the letter to MSLAA through the jail authorities.

Kasab has a right to remain present before the high court bench which would hear his appeal and in such an event the state would have to ensure that he is brought amidst tight security from the Arthur Road Jail where he is currently lodged.

The 26/11 trial court had on May 6 sentenced Kasab to death for the massacre of 166 people in the most audacious terror attacks in the country executed at the behest of LeT.

He was also held guilty of waging war against India.

The state government is also contemplating to file an appeal against the acquittal of 2 co-accused Faheem Ansari and Sabauddin Ahmed who were charged with providing maps of terror targets to LeT, official sources said.

The trial court has forwarded the judgement to the high court for confirmation of death penalty awarded to Kasab.

The high court would simultaneously hear Kasab's appeal, state's appeal against acquittal of the 2 co-accused and confirmation of death penalty awarded to the 22-year-old LeT footsoldier who had held the city to ransom during the 60-hour siege along with 9 accomplices and perpetrated the carnage.

In the trial court, Kasab was provided with free legal aid after he pleaded that he could not afford a lawyer of his choice. Judge M L Tahaliyani appointed Abbas Kazmi and K P Pawar to defend him. After Kazmi was removed midway for not cooperating with the court, Pawar was appointed to represent him.

The Constitution gives the right to a person to engage a lawyer to defend him in the court and, if he cannot afford one of his choice, he can have somebody appointed from the state’s legal aid panel at state's expense.

Source: Express India, June 9, 2010

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