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The Maharashtra government on Monday decided to appeal against the Bombay high court's decision to acquit Sabahuddin and Fahim Ansari, who, according to the police, were the men who conducted a survey for the 26/11 Mumbai attacks.
However, the legal team for Sabahuddin has decided to approach the Supreme Court immediately. They would be filing for damages against Special Public Prosecutor Ujwal Nikam and the state of Maharashtra.
Sabahuddin's advocate Ejaz Naqvi told rediff.com that the Maharashtra government will have to cough up the damages for the amount of mental trauma that his client had to undergo.
"Moreover, in the appeal against Sabahuddin there has been a factor never witnessed in the history of the Bombay high court. Normally an appeal is filed by the state of Maharashtra and the prosecutor is supposed to argue the case. However in this particular case, the appeal has been filed by the prosecutor himself, when it should have been one of the investigating officers who should have done this. This is gross violation of the procedure and action ought to be taken," Naqvi said.
"Not only will we seek damages both from the government as well as Nikam, but will also seek a direction barring Nikam from practicing before the court. This amounts to misconduct and action ought to be initiated," he said.
The high court on Monday clearly upheld the verdict of the trial court of acquitting Sabahuddin and Fahim Ansari in the 26/11 case.
"It has made it clear that there is no evidence on record to show that either Fahim or Sabahuddin had anything to do with the case. There is no evidence to show that they had handed over the maps to the terror handlers in Pakistan and neither were they spotted in Kathmandu as claimed by the police. The entire theory of the prosecution has been discarded," Naqvi said.
"We have been saying this since day 1, but the police or the prosecution were not prepared to listen. My client has undergone a lot of mental trauma and we feel it is necessary to sue the government and the prosecutor. We have not decided on the amount to be sought, but will do that in due course of time. However we will move the Supreme Court before the state goes in appeal against our order of acquittal," Naqvi told rediff.com.
The high court on Monday clearly upheld the verdict of the trial court of acquitting Sabahuddin and Fahim Ansari in the 26/11 case.
"It has made it clear that there is no evidence on record to show that either Fahim or Sabahuddin had anything to do with the case.
There is no evidence to show that they had handed over the maps to the terror handlers in Pakistan and neither were they spotted in Kathmandu as claimed by the police. The entire theory of the prosecution has been discarded.
We have been saying this since day 1, but the police or the prosecution were not prepared to listen. My client has undergone a lot of mental trauma and we feel it is necessary to sue the government and the prosecutor.
We have not decided on the amount to be sought, but will do that in due course of time. However we will move the Supreme Court before the state goes in appeal against our order of acquittal," Naqvi told rediff.com.
Image: Special Public Prosecutor Ujjwal Nikam speaks to mediapersons outside the Bombay high court on Monday
Photograph: Dominic Xavier