theguardian.com

Mumbai gunman convicted of murder

  • ️https://www.theguardian.com/profile/gethin-chamberlain
  • ️Mon May 03 2010

The surviving gunman from the Mumbai terrorist attacks of 2008 was today convicted of murder and waging war against India.

Mohammed Ajmal Amir Kasab, a Pakistani national, is due to be sentenced in the next couple of days. He is expected to receive the death penalty.

The court accepted the prosecution argument that the plot was hatched in Pakistan. Speaking before the verdict was announced, the prosecutor Ujwal Nikam said there was irrefutable evidence that members of the Pakistani military were involved, describing it as a "classic case of state-sponsored terrorism".

Once Kasab has been sentenced the case ‑ which has been heard by a special court sitting in Mumbai's Arthur Road jail ‑ must go to the high court for ratification. Kasab can then appeal to India's supreme court and if that is unsuccessful, he can appeal to the president for clemency.

Kasab was one of 10 gunmen who travelled by from Pakistan to Mumbai, landing on 26 November 2008 before launching an attack that killed 166 people at the main railway station, two luxury hotels and a Jewish centre. He was the only gunman to survive.

Families of the victims today welcomed the verdict but expressed concern that the legal process could be dragged out for years. Although the trial was concluded in an unusually swift 11 months, India's legal system is notoriously protracted.

The widow of the counter-terrorism police chief Hemant Karkare, who was shot dead as he tried to confront the gunmen, said Kasab should be executed without delay. "He should not be given the chance to go to the supreme court. He should be punished immediately," said Kavita Karkare.

Other relatives vented their anger at Pakistan, expressing concern that the country remains a haven for terrorist training camps.

The philanthropist Sevanti Parekh, who lost his son Sunil and daughter-in-law Reshma in the attacks, said Kasab was a pawn in a bigger game. "Our country should destroy those camps. They [those in the camps] are being turned into animals, they don't know what they are doing, they are just brainwashed. We are civilised people but we are dealing with uncivilised people," he said.

Kasab, who faced a total of 86 charges, was brought to the courtroom for the verdict. During the trial he repeatedly changed his story, claiming at one point to have travelled to Mumbai 20 days before the attacks to try to break into the Bollywood film industry.

Two Indian nationals, Faheem Ansari and Sabauddin Shaikh, were acquitted. They had been accused of being members of the Lashkar-e-Taiba (LeT), a Pakistani militant group which is blamed for the attacks. The pair were accused of carrying out reconnaissance and supplying maps to the gunmen. But the judge, ML Tahaliyani, ruled that there was no evidence to support the charges.

The court also convicted another 20 people (out of 35) who were listed on the charge sheet. All of the 20 are in Pakistan.

That brought a warning from the home minister, P Chidambaram, speaking after the hearing. "The judgment is itself a message to Pakistan that they should not export terror to India. If they do, and if the terrorists are apprehended, we will be able to give them exemplary punishment," he said.

The judge said the gunmen in the three-day siege came ready for sustained urban combat, bringing with them everything from machine guns to a GPS device. "These types of preparations are not normally made by ordinary criminals. These are made in an organized type of war," he said.

Both the prosecution and defence must now make representations to the judge before he passes sentence later this week.

Security outside the court today was heavy for the verdict, a reminder that the terrorism threat in India remains severe. Delhi in particular is on high alert after specific warnings of imminent attacks on areas of the city popular with westerners. But there are also raised security levels in other parts of the country.

Seven members of LeT are on trial in Pakistan for their alleged role in the Mumbai attacks. Pakistan has requested Kasab's extradition to give evidence in the trial, a request which India has rejected.

India wants to question David Headley, a US national, who is alleged to have been involved in carrying out scouting missions ahead of the attacks. The US has agreed to grant access but has refused an extradition request.