High Court denies Kasab court presence

Although lone surviving terrorist of the 26/ 11 Mumbai terror attacks Mohammad Ajmal Kasab has " insisted on remaining present" during the hearing of the confirmation of the death sentence awarded to him, the Bombay High Court today declined his plea. Instead the court directed the setting up of videoconference to enable him to participate from jail.

The hearing will begin from October 18, 2010.

The division bench of Justice Ranjana Desai and Justice R V More were informed by Kasab's lawyer Farhana Shah " that Kasab has shown interest and willingness to be personally present in court". However, the judge said they cannot accede to this in view of the threat perception conveyed to the court by Special Public Prosecutor Ujjwal Nikam following instruction from Deputy Commissioner of Police Chhering Dorje.

"His personal production in court would be a security hazard. This has been examined at the highest level. There is a great threat perception. His request should be rejected," observed the court even as Shah remonstrated that there is nothing on record to show that there was any threat perception.

Stating that " we have no reason to doubt the fear expressed by Nikam", Justice Desai said, " We will not take risks. Neither the Criminal Procedure Code ( CrPC) nor the prison manual requires presence of accused at the time of hearing. However as a matter of prudence and practice, accused is always kept present." Earlier, the court was informed by Shah that the draft of his appeal against the death sentence was ready with " final touches have to be given to it". Stating that the appeal would be filed on September 24, 2010, Shah said that Kasab also sought permission to have a legal interview with his appointed advocates " within the sight and not within the hearing of the police personnel and jail authorities". " The police are standing on our heads. We want to meet him alone," she added. To this, Nikam submitted that prosecution was willing to permit the legal interview where jail authorities would not be present.

The judges will hear both sides on this issue on September 28. 2010.

Nikam suggested that the judges could alternately hold a sitting at the jail, " We should shift there? We can't do that," said Justice Desai.

" We are also of the opinion that considering the seriousness of the crime and its ramifications, it may not be possible to produce him in court. In such a situation, in our opinion, appropriate arrangement should be made for videoconference." Citing two SC judgements allowing videoconference, they directed the State to make arrangements for videoconference facility between the court and Arthur Road jail where Kasab is lodged. Nikam submitted that it will take two weeks to set up the facility. " Work overnight but don't disturb us during court hours," said Justice Desai.

The judges said they will begin the hearing on October 18, 2010, adding, " needless to say, irrespective of the fact whether Kasab files his appeal or not."