Kazmi ousted as Kasab's lawyer in 26/11 trial, replaced by Pawar

Bar&Bench News Network

Dec 01, 2009

Abbas Kazmi [pictured], the counsel defending Pakistani gunman Ajmal Kasab, was on Monday replaced by his assistant K.P. Pawar, on the orders of Special Judge M.L. Tahaliyani, who is presiding over the special court established to try the accused in the 26/11 in the terrorist attacks.

The controversy erupted on Thursday when Special Prosecutor Ujjwal Nikam made known his intention of examining 349 witnesses through affidavits. Kazmi claimed that he had no knowledge of Nikam's action, and refused to accept the examination of formal witnesses through affidavit, saying that he did not care about witnesses for the prosecution. The judge then accused him of 'lying', since the Prosecutor had announced that he would be cross-examining witnesses through affidavits several times in the open court, and threatened to withdraw his [Kazmi's] brief. On Friday, however, after sorting out the issue on private with Nikam, Kazmi apologized to the court, and Judge Tahiliyani withdrew the remark against him.

Today's hearing proved that Kazmi's remorse had been of brief duration, as he protested the filing of witness affidavits and insisted on examining all 349 witnesses, despite the court's offer that he pick out 70-odd witnesses from the list to cross examine in court. A visibly exasperated Tahaliyani then passed an order sacking Kazmi for refusing to co-operate with the court.

K.P. Pawar, who replaces Kazmi, is from the State Legal Aid Cell, and has been assisting in the trial from the beginning. The court has directed Kazmi to hand over all documents and the chargesheet to Pawar. Special Prosecutor Nikam told the media that the change in lawyers was not likely to delay proceedings. The other two accused in the case, Fahim Ansari and Mohammad Sabahuddin, continue to be represented by advocates Shahid Azmi and Ejaz Naqvi respectively.

 

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