Former joint secretary (judicial), ministry of home affairs Shashi Bhushan informed the 26/11 special court that he had given sanction to prosecute Kasab and 9 slain terrorists.
Former joint secretary (judicial), ministry of home affairs Shashi Bhushan today informed a special court hearing the 26/11 terror attack case that he had accorded sanction to prosecute Pakistani gunman Ajmal Kasab and other accused.
Deposing before Judge ML Tahaliyani, Bhushan said he was a competent authority at a relevant time to accord sanction to prosecute Kasab and others for hijacking the Kuber boat and murdering navigator Amar Singh Solanki in international waters before reaching Mumbai to strike terror on November 26, 2008.
Bhushan told prosecutor Ujjwal Nikam that he had accorded sanction under section 188(a) of the Criminal Pocedure Code to prosecute Kasab, Fahim Ansari and Sabauddin Ahmed for participating in the conspiracy hatched in Pakistan to strike terror in Mumbai.
He further said he had also given sanction to prosecute Kasab and 9 slain terrorists for participating in terror strikes in Mumbai by firing indiscriminately at people.
Under Indian laws, sanction of competent authority is necessary in case Indians have committed a crime outside the country, and also in case of foreigners who have committed offences in India.
Bhushan, who retired in May this year, said he had granted sanction on a proposal forwarded by government of Maharashtra in April 2009.
In another development, Sanjay Saxena, additional commissioner of police (economic offences wing, Mumbai), said he had granted sanction on February 11, 2009, for prosecuting Kasab and others on charges of "waging war against the nation".
Another witness Salil Saxena, deputy general manager of Rajdhani Power Ltd, told the court that Suresh Prasad was not their consumer and the electricity bill he had produced to get a Sim card in Delhi was "fabricated".
The same Sim card was used by terrorists during terror strikes to speak to their Pakistani handlers. Suresh Prasad was a fictitious name and the person who had obtained the Sim card was not traceable.
Five doctors – Ashwin Babar, Jitendra Sakpal, Ahmed Shaikh, Bhagani and Saxena – also deposed saying they had treated persons injured by bullets fired by Kasab and others.
The court disposed of an application made by Kasab's former lawyer Abbas Kazmi urging that the chief investigation officer Ramesh Mahale should not be allowed to remain present in the court when witnesses depose.
The judge said since Kazmi had been removed as Kasab's lawyer, the application filed by him had become infructuous. However, the judge said if the defence lawyers feel that the presence of investigation officer would influence witnesses, they were free to approach the court; but in any case, blanket orders cannot be passed on such plea.
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