24 February,2009 06:42 AM IST | | Agencies
Judge ML Tahiliyani, in charge of the 26/11 trial, will have to ensure legal representation for Mohammad Ajmal Amir Qasab, the sole terrorist captured alive after the terror attack in November last year.
Qasab has not yet accepted lawyer KBN Lams offer to represent him, reports the Mumbai Mirror.
"The trial cannot go on without Qasab having legal representation," special public prosecutor Ujjwal Nikam said. Once the chargesheet is filed by the police before the magistrate, the case will be committed to the sessions court.
Tahiliyani will frame the charges against Qasab and the three other accused, after which the trail will begin.
"It is up to the court to appoint a lawyer for Ajmal. That is the procedure," said Rakesh Maria, joint commissioner of police (crime).
"The Pakistan Consulate never got back to us," Maria said when asked about the letter reportedly written by Qasab to Pakistan authorities seeking legal aid.
However, the possibility of Qasab getting a Pakistani lawyer is ruled out as foreign lawyers are not allowed to appear in Indian courts. If he refuses to engage a lawyer then he has the option to conduct his own trial or the court will appoint an advocate as amicus curie (friend of court).
"Even if Qasab refuses to accept the amicus as his lawyer, the amicus can continue because he is an officer of the court appointed to assist the court in reaching a fair conclusion," said Satish Borulkar, public prosecutor of Bombay High Court.
Lawyer Rizwan Merchant, who has been appointed as amicus curie for an accused in the 11/7 train blasts case, said any lawyer assigned the 26/11 brief would have a 'very tough job'.
He added that when the MCOCA court asked him to represent Abdul Wahid Shaikh, he agreed because, "It would be unethical of me to refuse the responsibility once the court had expressed faith in me."
