The judges, however, deferred till October 6 their ruling on who should be asked to open arguments -- the state or the defence.
The Bombay high court on Wednesday admitted the appeal filed by Pakistani terrorist Mohammed Ajmal Amir Kasab, 22, against his conviction and the death sentence handed out to him for his role in the 26/11 terror attacks.
Saying that “substantial ground was made out,” justice Ranjana Desai and justice RV More condoned the delay in filing the appeal. The court said the appeal filed by Kasab will be heard along with the confirmation of his death sentence, referred to the high court by the trial court.
However, the question is whether the arguments in the case will be opened by the prosecution or the defence. The court will hear the case on a day-to-day basis, October 18 onwards. Kasab will follow both proceedings through video conferencing from Arthur Road jail.
Kasab’s advocate Amin Solkar told the court that Kasab’s conviction and death sentence should stay suspended until the high court confirms them.
“Are you suggesting that the special judge’s orders (of conviction and death sentence) are not there?” justice Desai asked. Solkar, however, said the prosecution must argue first, because if the conviction is not confirmed, there cannot be an appeal against it. Justice Desai also said that in most cases of death confirmation and appeal against it, the prosecution argues first.
Special public prosecutor Ujjwal Nikam countered this idea, saying that this was a wrong precedent. Citing section 368 of the criminal procedure code, Nikam said, “If the appeal succeeds, then confirmation may not be required.” The judges, however, said that there is a prior judgment that conclusively decided this question. The judges will decide who will argue first after referring to the judgment, and meanwhile adjourned the case till October 6.
Meanwhile, the court rejected Kasab’s plea seeking an interview with his advocates out of the hearing range of jail authorities. “National interest and safety outweighs all other considerations,” the court held. After viewing CCTV footage where he is believed to have attacked a jail officer, the court held that the presence of jail staff during his legal interview is a must. Solkar said that they will contest this order in the supreme court.
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