The Maharashtra State Legal Aid Services Authority (MSLASA) has appointed Ajmal Kasab with two counsels. Criminal Lawyers Amin Solkar (pictured right) and Farhana Shah (pictured left) have been appointed by the MSLASA. Kasab had made a written application in Urdu on May 22, asking for legal aid to challenge the death penalty. Judge M.L.Tahaliyani on May 4, had sentenced Kasab to death on four counts, to life sentence on five counts.
The MSLASA has a panel of 36 lawyers and in most cases the lawyers are appointed within this panel. Member secretary of the MSLASA K K Sonawane speaking to the media said, “The two were shortlisted by our executive chairman Justice J N Patel from a list of senior lawyers. Their consents were sought and both agreed, so they will be paid legal fees on par with remuneration given to public prosecutors of the state appearing in death sentence confirmation matters.”
“There were some lawyers who did not want to take up the case. Finally the panel selected these two lawyers,” Sonawane said. The focus was on legal experience to ensure a fair appeal. Another factor taken into account, sources said, was how capable the lawyers were likely to be in winning Kasab’s confidence. During the 26/11 trial, Kasab hardly spoke to Advocate K P Pawar, who was appointed as his main lawyer after the sacking of Abbas Kazmi.
Bar & Bench spoke with Farhana Shah, Ajmal Kasab’s newly appointed lawyer
What was the appointment process for being Kasab’s lawyer? Did you apply or did the Maharashtra State Legal Aid Services Authority (MSLASA) appoint you?
J.N Patel, the acting Chief Justice of the Bombay High Court who is also the Executive Chairman of MSLASA appointed both Mr. Amin Solkar and myself.
There have been security issues around lawyers who are representing terrorists? Earlier this year, Shahid Azmi was shot dead. What precautions are you taking?
We have not been told about any additional security measure and personally I am not going to fear anybody when I am doing the work of almighty. I believe that god will protect me since my work is within the purview of law.
There has been political pressure on advocates who have defended Kasab earlier. Anjali Waghmare had to withdraw from the case after Shiv Sainiks attacked her house. What are you thoughts on this?
We live in a civilized society where law of our land and the constitution are supreme. Petty politics and unnecessary political interference will only delay the legal proceedings and I see no point in even debating with people who do not believe in our constitutional process.
What is your strategy in defending Kasab? Is the Pakistan government supporting Kasab with any form of legal aid?
We have not received the papers or a copy of the judgment. We will receive these documents in a day or two after which we will do our best to produce a viable defense before the Honorable High Court. We have been instructed by MSLASA and are unaware about any assistance from the Pakistan government.
You have defended other terrorists in the past? Is there any pressure from members of the public or the Bar against taking up such cases?
Some people appreciate what we are doing in bringing out the truth. Not all will appreciate our work and I am not here to worry about what others are thinking. I am a professional, an advocate and only performing my professional duties and will give my best.
A copy of the judgment by Judge M.H Tahliayani is available here.
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- 1. "Right to a lawyer is a basic right and Amin and Farhana are doing the right thing. Just doing their duty. ". Yes, Mumbai
- 2. "it is a sham that a person who has killed and wounded hudereds of people openly, we are conducting trial and again giving him all opportunities to defend himself. it is a shame. it is a shame that we do not have legislation to deal with such cases. of course the excuse is, this is the first time this type of incident has happened in this country. but how shameful it is that courts are trying a terrorist like an ordinary criminal and giving all legal aid to prove his innocence. is there no value for the pain, agony, and sentiments of the people who have lost their loved one in this indecent? is there no value for our police personal and soldiers who lost their lives.we really do not understand as what the government wants to show the world? is there intention is to get the award for upholding human right of a terrorist? and what about the human right of people who have lost their lives? it is a really a horror and at the same time shameful to see how our legal system ". Ushaprakash, Bangalore
- 3. "Respected Farhana Shah, u speak very well, using words like professional, advocate, duty, constitutional supremacy, civilised society and all.There are things which cannot be expressed in words and thus its said, 'action speaks louder than words'...I personally feel that you have killed your conscience. U need to know the meaning of 'Justice', its not only what the Court does, it pretty more than that.I also do not deny that every shopuld be given chance to prove their point, but in the instant case, do u even remotely think its required. Just for creating false impression amoung the other nations and to show the false ego of the judiciary and government? Are we entitled to humiliate the victims of 26/11...I cannot write more for you...May the Almighty, for whom you say, you are working, endow you with blessed conscience.Regards". Vikash Kr. Jha, Bhopal
- 4. "Mr.Vikash Kr. Jhawe Indians do need to understand that in civilized society we are bind with its law, in ancient Bharat we were ruled by law, we were not barbarian, we had never attacked any country, except sri lanka and that was only our Mata Sita was kidnapped by VERA (RAVANA)if you are aware about Ramayan then you will understand how Rama has spared those after the war, even after returning back to Ayodhya with Mata Sita, he justified with the rule of law by hearing the accusation against Mata Sita, & asked Mata for agni pariksha, so be reasonable & try to understand we Indians are civilized & will not adopt the ways of barbarians. Be broadminded & look what our Hindu brother have created "Abhinav Bharat" this monster has to be silenced at once, or Sadhvi Pragya Thakur will be protected at the cost of IPS officers. ". Ms.Meena Suri, USA
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The Viewpoint: Indemnification Provisions - Is the fight on the indemnity clause worth the effort?
May 17, 2012 | Bar & Bench brings to you the twentieth article on 'The Viewpoint' series with its Knowledge Partner AZB & Partners. AZB Senior Associate Nandish Vyas and Associate Pranati Ishwar in this article seek to examine the context in which indemnification rights are relevant for acquisition transactions, and also seek to explore if there are areas where they are potentially not worth the comments (4)
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