This is a historic judgment: Ujjwal Nikam

Interview with Public Prosecutor, 26/11 Mumbai attacks

Public prosecutor in the 26/11 Mumbai attacks case Ujjwal Nikam termed the Supreme Court’s order upholding the death sentence for Ajmal Kasab, convicted in the 26/11 Mumbai attacks, a historic one. Nikam, who appeared for the Maharashtra government in both the Bombay High Court and the Supreme Court with counsel Gopal Subramaniam, in an interview with Sanjay Jog, said the judgment proved the terror attack was hatched in Pakistan. Edited excerpts:

What is your reaction to the apex court’s judgment?
This is a historic judgment for two reasons. First, we have established the 26/11 attack on Mumbai was aimed at waging war against India.

Second, we have proved the criminal conspiracy behind the terror attack was hatched in Pakistan. In the wake of today’s apex court order, no mercy should be shown to Kasab. This is a case in which we have established this was an attack on India’s sovereignty.

How is the judgment crucial for India?
The findings of the Supreme Court would boost our moral stand on the international platform that terrorist activities are still being sponsored in Pakistan. Therefore, we can exert pressure on Pakistan for taking serious action against the perpetrators of the 26/11 terror attack still in Pakistan, against whom Pakistan is not acting seriously.

What should be Pakistan’s response to today’s order?
Pakistan should expedite the 26/11 trial, especially in the wake of today’s order by the Supreme Court. The prosecution in Pakistan should not delay the trial on the grounds that India has to furnish the evidence because the conspiracy behind the attack was hatched in Pakistan, and it is for Pakistan to prove this.

What about Kasab’s allegation that he was not given a proper opportunity to defend himself?
The SC has dismissed Kasab’s petition in a Mumbai special court that he was not given a fair trial in the 26/11 terror case. Kasab had claimed his alleged acts did not fall under the ‘terrorism’ category. He also said he was not provided legal consultation before reading his confession. However, judges Aftab Alam and C K Prasad stated Kasab’s confessional statement was voluntary. They added the fact that the government did not provide a counsel to Kasab during the pre-trial stage did not vitiate his trial in the case.