Ujjwal Nikam, judge argue over Kasab charge

First additional principal judge ML Tahaliyani on Wednesday questioned the applicability of section 121 of the IPC (waging war against the nation) to foreign nationals.

Special public prosecutor Ujjwal Nikam was arguing that the 26/11 attack is within the ambit of section 121, which is punishable with the death penalty. But the judge asked, “Normally, an offence under section 121 can only be committed by our citizens, not foreign nationals. All judgments say that.”

Nikam said the section is applicable to “whosover wages war against the government of India”. He said that ‘whosoever’ includes any person, irrespective of his nationality, and added that the attack was not a result of personal enmity, but an act of waging war against the nation. Nikam referred to Kasab’s retracted confession which states that the handlers of his team told them that they wanted to destroy the financial capital of India, Mumbai, to put pressure on India to liberate Kashmir.

The confession states that his handlers told them to find foreigners, especially American, Israeli and British nationals, and kill them because they had caused injustice to the Muslims.

Nikam tried to destroy Kasab’s claim of him being in police custody at the time of the attacks. Nikam said while cross-examining the officers who apprehended him, Kasab did not ask them about his being in their custody, and so the story is an afterthought.