However, justices A S Oka and Srihari Davare, expunged the remarks made by the judge against Kazmi.
The special court, which was set up in Arthur Road jail to try Kasab under the Indian laws for committing terrorist acts, had sacked Kazmi after terming him as "liar and someone who was determined to waste court's time".
Judge Tahiliyani, who has now been elevated to the high court, had earlier appointed Kazmi in the special court to defend Kasab, a Pakistani national. However, on November 30, 2009, the judge passed strong remarks against the lawyer while dismissing him from the case.
The judge had remarked, "Kazmi has developed a feeling that he is indispensable and that without him the court cannot function and also that the trial cannot be completed without his contribution."
"In my view this feeling is necessary to be erased immediately and there is no point in continuing Kazmi," the judge had said while asking Kazmi to hand over documents to K P Pawar who replaced him as Kasab's lawyer.
After his removal, Kazmi moved the high court seeking contempt action against Tahiliyani. He argued that the remarks were totally unjustified and uncalled for.
He contended that such remarks had reflected on his professional competence and integrity and urged that the observations may be expunged from the order passed by judge Tahiliyani while removing him as defence lawyer.
The high court agreed with Kazmi that the remarks should be expunged but dismissed his petition yesterday seeking contempt action against judge Tahiliyani, saying it was not maintainable.
