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The Rediff Special/ Vicky Nanjappa

26/11: What the chargesheet will say

January 19, 2009

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The chargesheet in the 26/11 Mumbai terror attacks [Images] will have murder, waging war against the State and conspiracy as the main charges.

Besides naming Ajmal Kasab [Images], the lone surviving terrorist, as the main accused, the chargesheet will also name Zaki-ur-Rehman Laqvi and Yusuf Muzzamil, the Lashkar-e-Tayiba [Images] as the main conspirators in the case, it has been reliably learnt.

Sabahuddin Ahmed and Fahim Ansari, the two other Lashkar operatives, will also find a mention in the chargesheet based on the maps seized from them and also the confessions they made before the Mumbai police, sources told

Sources said the chargesheet will be very similar to the dossier which was handed over to Pakistan. Narrative in nature, it will spell out how the attack was carried out, the places that were hit, and the names of the nine terrorists who were killed.

Laqvi and Muzzamil, they said, will be shown as absconding in the document.

The chargesheet will spell out in detail the manner in which both terrorists planned the attack.

Legal experts say charges will be framed against the two men, but they would have to be shown as absconding since they are out of this country. Once they are extradited, then the chargesheet will be amended accordingly and the trial against the duo could begin. Having their names in the chargesheet will enable Indian security agencies to seek a red corner alert against the duo.

Since the law does not allow a trial of the dead, no trial will be conducted against the nine dead terrorists though their names will feature in the document.

The main charge under Section 302 of the Indian Penal Code would be slapped on Kasab. This offence is punishable with either the death penalty or imprisonment for life.

Besides, Kasab will share the same charges of conspiracy under Section 120 (b) along with Laqvi, Ansari, Muzzamil and Sabahuddin in the chargesheet. The other charges they will face are common intent under Section 34 (common intent) of the Indian Penal Code and Section 121 (Waging, or attempting to wage war, or abetting waging of war, against the Government of India). Kasab will also have to face trial for theft and attempt to murder sources also said.

The police will include Kasab's telephonic conversations with his handlers in Pakistan. Conversations with other terrorists will also find a mention to prove the role of the Pakistan-based operatives.

In all, there are 12 cases pertaining to the Mumbai terror attack which include the incidents in various places and also the death of the police officers.

The chargesheet -- where all the 12 cases are clubbed -- will be submitted to the judge presiding over the special court, which will be set up in a high-security prison.

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