25 April,2009 07:25 AM IST | | Barkha Vahi and Ranjitt Khomne
By taking up Qasab's case, Abbas Kazmi wants to aid the process of law and bring the 26/11 terror trial to its judicious conclusion
From being just another defence lawyer, 54-year-old Syed Ghulam Abbas Kazmi has now become a household name. And all thanks to one man Mohammad Ajmal Amir Qasab. Kazmi has donned the mantle of Qasab' defence lawyer in what is probably India's biggest terror trial.
Excerpts:
What does it feel like to defend Qasab?
It feels good. This case has global ramifications, and the trial is being watched globally.
What was Qasab's reaction when you first met him?
He smiled at me. I have been talking to him for short durations, maybe 15 minutes at a time. Now he trusts me to an extent, though not completely.
To the world he is a ruthless terrorist. What is your reaction?
He looks child-like.
What do you make of his smiles in the courtroom?
I think he did not understand the gravity of the case. Also, he was seeing a lot of people, especially women, after a long time. He seemed bemused at the proceedings, and kept smiling unnecessarily. But now, after I explained the seriousness of the case, he is well-behaved in the courtroom.
Does he seem like a sound guy?
Yes, he keeps asking me 'main kya karoon' and then starts crying. So I have to change the topic. But he seems frustrated, perhaps because he is in solitary confinement in a dark cell. Only when the security guards tell him, does he realise whether it is day or night.
Has he asked for anything in particular?
He wants to read. The court has asked me to provide the jail authorities with some Urdu books.
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Do they include religious books?
No, I think he has too much of religion in his head. I want him to have some light reading material like jokes, comics and short stories.
Do you have any information about his family?
Neither am I aware of his family nor am I pursuing them. My case is here in Mumbai and I will stick to it. It is the prosecution's case that he is from Pakistan, and his family is there. I have nothing to do with them.
What happens if Qasab is proved a minor?
If it turns out that he was under 18 years of age on 26/11, his case will be tried by the Juvenile Justice court and not this special court. The court ordered an ossification (bone) and dental test on him and the reports will be submitted by April 28.
And what about the punishment?
The maximum punishment under the Juvenile Justice Act is three years, which is basically meant as a reformatory for the convict.
Did you ever want to defend him?
Not really. I had gone to the special court at Arthur Road to see the newly done courtroom, and the security arrangements. I have defended over two dozen accused over a period of 14 years in that same court room, so I sought permission to be present on the first day of the trial. I wanted to see the accused and the proceedings.
Did you not volunteer to take up the case?
No. Judge M L Tahiliani asked several lawyers if they wanted to defend him. When he asked me, I said yes.
Then why did you agree?
The world is watching the case. We should conduct the trial in the fairest manner possible, in the best traditions of democracy. If he does not get a strong defence lawyer, a wrong message could go to the international community about the way justice is meted out in this country. I am doing the nation a great service.
Are you confident of winning the case?
I will put up a very strong defence. The world needs to know that India has a very healthy judicial system.