June 11, 2010

Since none of the terrorists were expected to be taken alive, Lashkar thought the sacred thread would confuse Indian cops

The sacred thread tied on Ajmal Kasab’s wrist on the night of 26/11, which even led to the initial impression that he may not be from Pakistan, was purchased at Siddhivinayak temple by co-conspirator David Coleman Headley.

The red mauli, one of 15 that Headley picked up during his last visit to Mumbai in July 2008, was delivered to Lashkar bosses in Pakistan, and later distributed to the 10 terrorists who stormed the city. Since none of them were expected to be caught alive, a highly placed source in the National Investigation Agency (NIA) told Mumbai Mirror, this was done to create an impression that there was no foreign hand in the attack.

“During his last visit to Mumbai in July 2008, Headley purchased 15 threads when he conducted a surveillance of Siddhivinayak temple. He has admitted that he paid the Indianrupee equivalent of US$1 for them,” said the NIA source, who asked not to be named.

Sources in the Union Ministry for Home Affairs (MHA) also confirmed that Headley had bought maulis on several occasions from Siddhivinayak temple during his visits to Mumbai between September, 2006 and July, 2008. He had first visited the temple with a local contact, who had told Headley that the sacred thread was worn only by Hindus, as they believed it protected them from evil.

Headley had picked up a mauli for himself, and when he went to Pakistan during the course of the recce period, LeT leaders had noticed the thread and asked him about it. “Headley told them it was from Siddhivinayak temple, and was worn mostly by Hindus. He advised the LeT bosses that the attackers should put them on in order to confuse Indian security agencies,” the NIA source said.

As a four-member team of the NIA, led by Loknath Behera, is interrogating Headley inside a US jail over the last four days, information trickling in from there is giving security agencies more insight about the meticulous planning of the 26/11 attacks.

Sources said Headley also admitted that it was his idea to arrange identity cards, with Hindu names on them, from Arunodaya Degree and PG College at Vedre Complex, Dilsukh Nagar, Hyderabad.

These were recovered from Kasab and the remaining dead terrorists. Headley had first come to India in September, 2006 on the pretext of launching an immigration firm. He had hired an office space in Tardeo and had started the recruitment process for his company. During his stay, he visited several places in Mumbai and other cities in India, where he surveyed sensitive installations and prominent places.

He made four other extended trips – in February and September 2007, and April and July 2008 – each time taking pictures and shooting videos of various targets, including those attacked on 26/11, Siddhivinayak temple, Mahalaxmi temple in Tardeo, the Bombay Stock Exchange, and the Marriott hotel.

The information revealed by Headley to the NIA assumes more significance in the light of the acquittal of two people, Fahim Ansari and Mohammad Sabahuddin, who were accused of being LeT’s local conspirators. While the meticulous planning of the 26/11 attacks suggested that someone in India had played a key role, security agencies are now saying that Headley alone was that crucial resource.

June 9, 2010

One question that Kasab’s newly-appointed lawyer is dying to ask him

Just a month after Ajmal Kasab was sentenced to death by the special court, the case has now been put on the fast track in the next legal recourse. The Bombay High Court, on Tuesday, through its legal aid cell - Maharashtra State Legal Aid Authority – appointed two well known criminal lawyers Amin Solkar and Farhana Shah to represent Kasab in the appeal against his conviction.

While Solkar has handled a slew of terror cases other than showcasing his expertise in dealing with all sorts of criminal cases, Shah’s best known legal effort so far has been her handling the case of several dozen accused, including actor Sanjay Dutt’s, in the 1993 blasts trial.

Senior lawyer Solkar, who will be assisted by Shah, spoke to Mumbai Mirror soon after his appointment:

How do you plan to handle such an important case at this appellate stage?

Whatever information I have gathered about Kasab’s case has been from the media. So I first plan to meet Kasab along with Farhana and we will have to seek his instructions to build our defence. I will then go through the voluminous case papers and after that file an appeal against his conviction.

What does this appointment as Kasab’s lawyer mean to you?

Interestingly, I wasn’t on the legal aid panel and yet Justice J N Patel found me to be a suitable lawyer for Kasab among so many names, and hence this appointment makes me feel special. This will be a closelywatched case, not just by the national media, but internationally too. I have to ensure that I deliver my best so as to live up to everybody’s expectations, and also of Justice Patel who has appointed me.

How is this case unique as opposed to other terror cases in which you appeared as a defence lawyer?

This is my first terror case where I will not be appearing at the trial stage, but at the appellate stage and hence my focus would almost entirely rest on structuring the best arguments after duly considering the evidence that has been recorded. My biggest challenge would be to try and bring some new legal point to the court’s notice.

Is a defence lawyer almost redundant in such a case where the verdict seems to be a foregone conclusion?

Our efforts will be to bring forth the most crucial law points and be optimistic. Then there is the judge and the God to take care of the rest.

What is that one question that you have been dying to ask Kasab, which you will on meeting him?

Since there are so many conspiracy theories and such doubts over the manner in which senior officers like Hemant Karkare and Ashok Kamte were killed outside Cama hospital, I too am curious to know the truth and will definitely ask him to reveal as to what exactly happened that night.

June 4, 2010

Washington, June 4 (IANS) : Even as External Affairs Minister S.M. Krishna Friday asserted that India has been assured of access to Pakistani-American Lashkar-e-Taiba (LeT) operative David Headley, it was not clear how and when he would be questioned.

India had told the US that as Headley was one of the chief conspirators of the November 2008 Mumbai terror attack, ‘we should get access so that our investigation would be complete,’ he said at a press conference at the conclusion of the India-US strategic dialogue.

‘And I am sure the US respects that.’

Asked whether this meant that an Indian team waiting in the US for last four days to question Headley was yet to get the promised access, Krishna said: ‘In investigations of this kind which are of a very sensitive nature, we can’t go on spelling out day-to-day developments.’

As an American citizen, Headley was entitled to invoke whatever safeguards that were available to him under the US legal system, and ‘we have to respect that as much as they respect the Indian judicial process,’ Krishna said when asked about reports that Headley’s lawyer would be present during the questioning.

‘We have been assured access and that process is on,’ he repeated when asked about US Secretary of State Hillary Clinton’s response to his direct plea to her during the dialogue that providing access to Headley is ‘is perhaps the logical next step’.

Asked if Clinton had spelled out the impediments in the way of providing access, Krishna repeated India had been assured access ‘and how that is going to be arranged within the legal framework of the US is being worked out’ between the agencies of the two countries.

Indian Ambassador to the US Meera Shankar interjected to say ‘India has been in touch with Attorney General Eric Holder and ‘these are being worked through’. But ‘we have been assured access’.

India has been seeking access to Headley, 49, currently lodged in a Chicago prison, to unravel the entire conspiracy surrounding the Mumbai attack that claimed 166 lives.

President Barack Obama had himself assured Prime Minister Manmohan Singh in April that India would get direct access to Headley.

However, both Indian and US officials continue to be tight lipped about how and when a team from India’s National Investigation Agency (NIA), currently camping in the US, would get to quiz Headley.

June 4, 2010

A month after being sentenced to death for the Mumbai terror attacks, Pakistani terrorist Ajmal Kasab has filed an appeal in the Bombay High Court challenging the verdict and sought a lawyer from the legal aid panel to argue his case.

Kasab filed the appeal through the jail authorities and his plea for a lawyer has been forwarded to the Court Legal Services Committee (HCLSC), jail sources said on Friday.

The HCLSC would now forward Kasab’s request for a lawyer before Acting Chief Justice J N Patel, who is patron in chief of Maharashtra State Legal Services Authority and senior Judge and Chairperson of HCLSC, Justice Ranjana Desai.

Kasab has a right to remain present before the High Court bench which would hear his appeal and in such an event the state would have to ensure that he is brought amidst tight security from the Arthur Road Jail where he is currently lodged.

Although Kasab had 60 days to decide on filing an appeal, he exercised his choice within a month and his petition along with the 1500-page judgement has been forwarded to the High Court, they said.

The trial court had on May 3 convicted Kasab and soon thereafter sentenced him to death for the massacre of 166 persons in the worst-ever terror attack in the country at the behest of Pakistan-based terrorist organisation Lashkar-e-Toiba.

Kasab was also held guilty of waging war against India, guilty of being a member of LeT and attempt to murder, kidnap and robbery.

The state government is also contemplating to file an appeal against the acquittal of two co-accused Faheem Ansari and Sabauddin Ahmed, who were charged with providing maps of terror targets to LeT, official sources said.

The trial court has also forwarded the judgement to the High Court for confirmation of death penalty awarded to Kasab.

The High Court would simultaneously hear Kasab’s appeal against his conviction, state’s appeal against acquittal of two co-accused and confirmation of death penalty awarded to the 22-year-old LeT footsoldier who had held the city to a 60-hour siege along with companions and indulged in mayhem.

In the trial court, Kasab was provided with free legal aid after he pleaded that he could not afford to engage a lawyer of his choice.

Judge M L Tahaliyani appointed Abbas Kazmi and K P Pawar to defend him. Later, Kazmi was removed by the Judge on the ground of non-cooperation while Pawar continued to represent him.

The Constitution gives a right to a person to engage a lawyer to defend him in a court of law and if he cannot afford a lawyer of his choice then he can use the services of one from the state’s legal aid panel at Government expense, legal experts said.

May 26, 2010

Azad Maidan police inspector Thorawade indicted for cowardice by judge Tahaliyani says he can’t be expected to take on AK-47s with service revolvers

Is it possible to take on an AK-47 with a standard pistol?With that one question police inspector Yashwant Thorawade, indicted for cowardice on 26/11, spells out his entire defence. Commenting on that night’s conduct of inspector Thorawade and four of his colleagues, all of whom were posted at Azad Maidan, special judge ML Tahaliyani observed: “What is noticed by the court is that this officer lacks courage to take initiative and as a result his supporting police staff, including (police naik) Kadam, could not do anything to stop Kasab and Ismail from firing at police and public (outside Cama Hospital).”

Thorawade has been charged with failing to go to the aid of additional commissioner of police Sadanand Date who battled Kasab and Abu Ismail at Cama Hospital, and also not doing enough to stop the two men from escaping. “(It) shows cowardliness on the part of police and lack of devotion towards duty,” he said.

Last year, ex-police chief Hasan Gafoor made the sensational allegation that four of his IPS officers had shown reluctance to take charge on that night of unprecedented action. But this is the first time that there is an official indictment of the role of a Mumbai cop. At the heart of Tahaliyani’s observation is the concern of lakhs of Mumbaikars: Was there cowardice on the part of Mumbai police in tackling the terrorists that night?

Thorawade, who has so far escaped disciplinary action, maintains he did all he could given his training and the weaponry at his command. The range of a service revolver for instance is 12 metres whereas an AK-47 has a range of 250 metres. A senior officer who was near Cama that night supports Thorawade: “Their only crime was that they were a little scared after PSI Durgude was shot dead in front of them and they were fired at. But so was much of the force. Mumbai police has never faced such an attack and didn’t know how to react.”

A day after the judgment was made public, Thorawade told Mirror he had never been told by any officer that he had to assist additional CP Date. Whereas Tahaliyani has observed: “Date and other officers had asked Kadam to collect bullet-proof jackets and arms from Azad Maidan police station… They collected jackets and reached Cama in the police Bolero… accompanied by Thorawade and others…” But, the judge later observed, they did not enter Cama.

“We just stood guard at Cama front gate thinking terrorists might come from there,” counters Thorawade.

At 11.50 pm, he recalls, Kasab and Ismail came out of Cama. “From a distance, they looked like beggars to me.” Just then, a beat marshal had dropped PSI Babusaheb Durgude near the Cama gate. Mistaking the terrorists for civilians, Durgude tried to alert them and was shot dead. This shook Thorawade’s team on the other side of the road. The terrorists then turned into the Rang Bhavan lane and eventually shot dead Hemant Karkare, Ashok Kamte and Vijay Salaskar. All through this, Thorawade remained stationed across the road in his Bolero. He had earlier informed the police control room that he had seen Kasab and Ismail go into the lane.

This, Thorawade believes, was enough by way of call of duty. He also claimed that he did fire six rounds at Kasab and Ismail but it was little in the face of their AK-47s. This fact is also recorded in the 26/11 testimonies of Thorawade and Kadam. “In retaliation the terrorists fired at us. One bullet hit our car while two were lodged in a tree. It is true we didn’t go after them, but there was no way we could have fought them with our weapons,” says Thorawde, who agrees, as observed by the judge, that he went to the hospital to attend to his wounded colleagues instead of chasing Kasab.

The judge has observed: “I am really aghast to note that Thorawade did not even bother to go to Badruddin Tayyebji Marg (Cama Hospital lane) despite the fact that he had seen Kasab and Ismail entering that road. Instead of showing leadership quality and proceeding to that road along with his team, this officer left Mahapalika road for Metro junction which is exactly in the opposite direction of Tayyebji Marg.”

“The problem that night,” says a senior officer, “was that there was no clear command. Everyone was acting in their personal capacity.” And courage remains perhaps the most deeply individual characteristic. Even if your name happens to mean “the brave one” in Marathi.

May 25, 2010

Though 18 months have passed since the 26/11 terror attack in which 166 persons were killed, one victim of the carnage at CST railway station remains unidentified.

Even in the copy of the 1600-page judgment passed by special Judge M L Tahaliyani, the victim is listed as an “unidentified male” who died due to fire arm injuries.

Lone surviving convict Ajmal Kasab and his deceased accomplice had indiscriminately fired at Chhatrapati Shivaji Terminus (CST). About 54 persons were killed due to gunshot wounds and grenades lobbed by the duo. The victims included men, women and children who were waiting to take long distance trains.

Authorities managed to establish the identities of all the victims killed in the 26/11 attack, except one man shot dead at CST who remains listed only as victim number 113 in the court’s judgment.

May 25, 2010

Said to be an important link in the Indian Mujahideen gang, Abdul Samad Siddibappa was picked up at the Mangalore airport immediately after returning from Dubai

The Anti Terrorism Squad achieved a major breakthrough in the February 13 German Bakery blast probe with the arrest of an important link in the Indian Mujahideen (IM) gang which is believed to have executed the blast. Abdul Samad Siddibappa was arrested at Mangalore airport on Monday, minutes after he arrived from Dubai.

WHO IS ABDUL SAMAD?

Samad, 23, is the younger brother of Yaseen Bhatkal – a close associate of fugitive IM leader Riyaz Bhatkal. Samad was detained by the immigration staff at Mangalore’s Bajpe Airport on Monday morning as the ATS had reportedly issued a Look Out Circular (LOC) against him. He was later handed over to Maharashtra ATS officials.

Sources said Samad, like his elder brother Yaseen, was allegedly involved in several cases in Maharashtra, including the German Bakery blast. Other cases include the plan hatched by the Bhatkal brothers to kill lawyers of Malegaon blast accused Sadhvi Pragya Singh Thakur, recovery of firearms in Byculla a few months ago, etc.

Samad is likely to be brought to Mumbai by Tuesday morning and produced before a local court. “Samad is being interrogated. After this, we will decide in which case he should be arrested,” ATS sources said.

LINK TO PUNE BLAST

ATS sources were not willing to disclose the nature of involvement of Samad in the Pune blast of February 13, but said they have reasons to believe that he was in Pune on the day of the blast. “Our investigations suggest he was in Pune and perhaps in touch with the persons who planted the bomb. However, things will be clear only after interrogation,” said sources.

A commerce graduate, Samad was pursuing chartered accountancy at Bangalore when he was allegedly indoctrinated by Yaseen, who is now suspected to be hiding in Pakistan. According to sources, soon after the blast, Samad left Pune and reached Mangalore. On February 25, he proceeded to Dubai from Mangalore and joined his father Siddibappa, who runs a cutlery and kitchen utilities shop in Dubai.

Mantralaya sources privy to the ATS investigations said one of the two suspects captured in the CCTV footage outside German Bakery looked like Samad. “We need to ascertain whether it was Samad. Only when our hypothesis is confirmed can we seek his custody for further interrogation,” sources said.

ATS sources said Samad was a valuable source to find out the present dynamics of IM because he was in Dubai for the past three months and was likely to have been in touch with his fugitive brother Yaseen and other operatives.

DID SAMAD RETURN OR WAS HE SENT?

There is no clarity on whether Samad returned to Mangalore on his own or he was sent back. ATS sources claimed Samad returned on his own as he felt he was not on the radar of Indian agencies. However, sources also said that police agencies of Dubai and India often have unofficial arrangements where people involved in cases are put on flights back home to avoid the long process of deportation.

GERMAN BAKERY BLAST CASE

Over two dozen people were killed and nearly 50 injured when a bomb went off at German Bakery in Pune’s plush Koregaon Park area. The bakery is located close to the Osho Ashram and the Chabad House, leading to suspicion that the blast was a warning for further terror attacks.

Initially, police suspected it was a gas cylinder blast, but subsequently, it was established that ammonium nitrate and RDX were used in the blast.

May 24, 2010

The 23-yr-old death row convict is allegedly longing for some female company, say jail docs

Faced with a death sentence for gunning down several innocent people, Ajmal Kasab is longing for the most natural thing in the world - female company, his doctors say. The terrorist has confessed to prison officials that he has sexual dreams and wants to get married.

“Even an Indian girl will do,” he has allegedly told his doctors.

“He was complaining of cough and cold in between so we had gone to check him. It was during the examination that he admitted to being lonely. We reassured him that it is natural for someone his age and there was no reason to worry,” said a doctor who had examined him recently, requesting anonymity.

During subsequent interactions with the doctors who tend to him regularly at Arthur Road Jail, Kasab expressed his desire to get married. Experts say Kasab’s condition is not unusual. “He has been in solitary confinement for a long now time and is desperate for physical intimacy,” said another doctor.

Rajendra Dhamne, superintendent of Arthur Road Jail emphatically denied the reports saying, “He does not even look at people while talking, how can he discuss such personal things?”

In countries like the US and UK, convicts are allowed a certain number of conjugal visits. In India convicts can meet their spouses only by making a plea for parole or furlough.

Except for doctors and a few prison officials, Kasab has little or no interaction with the outside world.

May 20, 2010

The Pakistani hand behind 26/11 was exposed soon after the attack, audio tapes revealed how closely Pakistani handlers were directing the terrorists. Now for the first time, pictures of some of the men from across the border who helped organise the attacks have been revealed.

According to Pakistani FIR, faces of the Lashkar-e-Toiba (LeT) handlers in Pakistan are now out in the open.

Faces behind 26/11

* Abu Al Qama: One of the handlers who directed the terrorists on phone.

* Iftikar Ali: The man who claimed to be Khadak Singh and opened VOIP accounts for communication.

* Shahid Jameel Riaz: Accused of funding and facilitating the attack.

* Hammad Amin Sadiq: A facilitator who procured hideouts in Pakistan for the terrorists.

While seven accused, including Zaki Ur Rehman Lakhvi and Zaraar Shah, are being tried in a Rawalpindi court, Pakistan claims only 13 nationals linked to 26/11 are still absconding.

Muhammed Naeem, Riaz Ahmed, Abdul Rehman and others, all crew members of the Pakistani boat Al Hussaini that was used to ferry Kasab and nine other terrorists to India.

They are accused of killing crew members of the hijacked Indian trawler Kuber and of conspiring in the most audacious terror attack India has ever seen.

May 18, 2010

26/11 martyr Arun Chitte, driver of slain cop Vijay Salaskar, will turn in his grave if reports of his brother raping his sister-in-law are true.

Arun Chitte’s younger brother Sahebrao Chitte was arrested for allegedly raping Arun’s wife continuously from February 24, 2009 till January 10, 2010.

However, he maintains that he had a physical relationship with his sister-in-law.

In her statement, the victim says, “After the death of my husband, I was supposed to get money from the government. I was not aware of the process and asked Sahebrao for help. At my residence in Dharavi, he drugged my lassi and raped me. He also took nude photographs of me.” The victim also alleged that she was blackmailed by Sahebrao.

Meanwhile, Sahebrao claims he is innocent and states that the two were a couple. His advocate Nitin Satpute said, “My client has told me that the two had an affair and wanted to get married. But families of both parties did not agree. They were forced to get separated and hence my client went to Nashik. Later due to family pressure and in depression, the lady filed the complaint at Dharavi police station.”

Chitte also tried to commit suicide in the lock up by hanging himself. He was sent to judicial custody by Bandra court on Monday.