Mumbai: Even as the court said it would forward the request of 26/11 accused Ajmal Kasab to Pakistan through diplomatic channels, it has appointed a new lawyer to defend him as per Indian law. Abbas Kazmi - a private lawyer, not belonging to the legal aid panel - has been appointed to defend the terror accused.
Kazmi is a well known name in the legal circle and has already been introduced to the accused.
He is a member of the Sessions Bar Council and is the amicus curie in the 1993 Mumbai blasts case.
Abbas Kazmi said Kasab does not understand the gravity of the Mumbai terror attacks case or the charges against him.
Kazmi was permitted to meet his new client at the Arthur Road Central Jail premises after the days' proceedings were completed in the Special Court set up there.
"It is clear from the way he was laughing and giggling in the Special Court on Wednesday and Thursday that Kasab has no inkling of the seriousness of the case against him. I tried explaining it to him including the extent of the punishment he faces but he failed to see the gravity of the situation," Kazmi said.
He said he tried to impress upon Kasab that he could face a life term or a death sentence, but "he does not seem to realise it".
Kazmi said he was provided police security after he came out of the Special Court. For the 54-year-old Kazmi, a graduate of the K C Law College, Mumbai, this will be his first ever Pakistani client, though he has earlier defended a British national in Goa.
He had also appeared on behalf of over two dozen accused in the 1993 Mumbai serial bomb explosions case, and some of the accused in the murder case of music baron Gulshan Kumar.
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KASAB ASKS FOR PAKISTANI LAWYER
Earlier, when special judge M L Tahiliyani informed Kasab that the appointment of legal aid panel lawyer Anjali Waghmare had been revoked, Kasab said he had written to the Pakistani authorities seeking a lawyer. Kasab had sought a special court's permission to approach Pakistani authorities to appoint a lawyer from there to defend him.
"Ek aur try kar sakte hain (We can give it one more try)," Kasab said, when informed by the court that it was unlikely that a Pakistani lawyer would be appointed for him by the Pakistan government.
"Maine Pakistani embassy ko likha tha par koi jawab nahin aaya (I had written to the Pakistani embassy earlier but there has been no reply from them)," Kasab, dressed in a grey t-shirt and track pants, said.
Kasab had written a letter to the Pakistani High Commission requesting consular access while he was in police custody after his arrest on November 27 last.
Justice Tahiliyani informed him that they would convey his request to the Pakistani authorities through diplomatic channels to appoint a lawyer for him but it might not be possible for the lawyer to give arguments.
When the court told him that the Pakistani government had not responded to his application yet and may not do so, Kasab hesitantly said, "Shayad nahin denge (maybe they will not give a lawyer)."
"Phir yahaan ka ek vakil karke dijiye (Then appoint me a lawyer from here)," Kasab had said.
Kasab, who has grown a beard, was smiling throughout the court proceedings and appeared at ease. He was seen nodding his head every time the lawyers made their submission.
He sought newspapers to read in his cell but the court said it would decide on it later.
A thick blanket of security was thrown around the Arthur Road jail which houses the special court. Close to 300 police personnel were deployed on the roads leading to the court and traffic was also diverted.
Indo Tibetan Border Police personnel, who are also involved in guarding Kasab, were seen patrolling the roads outside the jail.
The court barred media from publishing graphics or details about the security arrangements in the jail and court.
WAGHMARE'S APPOINTMENT REVOKED
The court had revoked the appointment of legal aid panel lawyer Anjali Waghmare.
"Appearing for witness and accused in the same case will not be proper. Obviously, the interests of witness and accused would clash with each other. I feel there was enough opportunity available to Waghmare to disclose that she was appearing for witness but she did not inform", Justice Tahiliyani said.
However, the judge retained lawyer K P Pawar who was also appointed along with Waghmare to defend Kasab. "You will continue", he told Pawar.
Waghmare's appointment had been challenged in a petition filed by a lawyer K B M Lam who contended that she could not appear for a witness and an accused in the same case.
(With inputs from PTI)
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