[Reader-list] dilemma of being Kasab's lawyer

[Javed]

Killing innocents for jehad is not what my Islam teaches me: Kasab's lawyer

Jyoti Punwani,
TNN 22 November 2009, 03:02am IST

MUMBAI: Abbas Kazmi, the lawyer defending India’s most hated
terrorist, Ajmal Kasab, is in an unenviable position. For months, he’s
been fighting a frustrating battle to give his client as good a
defence as possible, given the special circumstances of this case.
Now, with a list of 232 witnesses given to him by the prosecution, he
fears accusations of delaying the trial being flung at him if he
cross-examines them all; however, he has made up his mind.

Kazmi has been virtually ostracised, but says that he believes in the
Constitution which guarantees every accused a fair trial. “We are a
civilised country,’’ he says. “Our criminal law doesn’t believe in
lynch mobs.’’

If professional integrity wasn’t so dear to Kazmi, the last six months
would’ve been a breeze. He could have sat back, declined
cross-examination, and been a defence attorney only in name. The Rs
2,500 being paid to him for every hearing would then have actually
meant something. Instead, he has been fighting a frustrating battle to
give his client as good a defence as possible, given the special
circumstances of this case.

“I’ve been under immense pressure from Day One,’’ says Kazmi. “Work
pressure—hardly any time given to study the 14,000-page chargesheet;
the humiliation of being frisked thrice before I enter the courtroom;
not being allowed to carry either my laptop or my briefcase (The FBI
agents were allowed both), so the bulky
charge sheet remains in my office while I’m in court. My other cases
have almost had to be abandoned.’’

As soon as he accepted the brief, Kazmi was removed from trusteeship
of the Islam Gymkhana. Last week, two strangers at a chemist’s shop
asked him why he had agreed to defend Kasab whom the entire world had
seen committing the crime. Why hadn’t he instead used the opportunity
to pump bullets into Kasab’s head?

“I’ve said it before: I believe in the Constitution. When I watched
the events on TV, I wanted the severest punishment to be given to the
terrorists. I too am a patriot. That’s precisely the reason I believe
we must give Kasab a fair trial. Our Constitution declares that every
accused is innocent until proven guilty. The entire world is watching
us, we are a civilised country. Our criminal law doesn’t believe in
lynch mobs.’’

In court, he has been derisively called “Abu Abbas’’—a reference to
the many Abus who trained Kasab, and been mockingly told that he’d be
given Pakistan’s highest award. But none of this has prevented him
from doggedly doing his duty. Kazmi’s cross-examination has brought
out incredible facts. “One hundred and nine men of the Railway Police
Force, Government Railway Police and Home Guards were at CST, 30 of
them armed, when Kasab and his companion landed. Twenty officers, a
few armed with AK 47s, carbines and some with bullet-proof vests, were
around Cama later. The police commissioner’s office is a twominute
walk away. The Control Room knew what was happening. Yet two young men
with barely six months’ training, who had two AK-47s but no
bullet-proof vests, could do what they wanted from 9.30 to 12.30 that
night!’’

One of Kazmi’s many frustrations is that the layperson knows hardly
anything about what his cross-examination has brought on record. For
instance, a SIM card used by the terrorists was issued to one Suresh
Prashad by the Government of India, Ministry of Urban Development, and
though his electricity bill is on record, the police say he is
untraceable. Another loose end is the silence on Abu Jindal, whom
Kasab has described as an Indian who had trained him.

Apart from the prosecution, Kazmi is the only person to meet Kasab
regularly. What does he think of him? “I have not been able to build
the rapport a defence lawyer needs with his client. I am only allowed
to talk to him in court, when he is in the dock, under the watchful
gaze of his guards and the court staff. I feel he doesn’t trust me; he
has not consulted me on any step he has taken, specially confessing in
court. That’s why I offered to withdraw from the case.’’

Whenever Kazmi has conveyed Kasab’s requests to the court—a newspaper,
some itar—a hue and cry has ensued. To Kazmi, Kasab comes across as a
young man easily swayed, given to mood swings.

As a Muslim, the trial has affected Kazmi deeply. “I have become even
more of a believer in secularism. I would really like to contribute in
this field in whatever way I can. Listening to those handlers sitting
in their safe hideouts, encouraging these boys not to lose courage, I
can only say. ‘Your Islam is not my Islam. Killing innocents in the
name of jehad is not what my Islam teaches me.’’

http://timesofindia.indiatimes.com/india/Killing-innocents-for-jehad-is-not-what-my-Islam-teaches-me-Kasabs-lawyer/articleshow/5256400.cms