This Article is From May 21, 2009

26/11 case: Request for modifying charge

26/11 case: Request for modifying charge
Mumbai: The prosecution in the Mumbai terror attacks case appealed to the trial court on Thursday to modify the charge framed by it on the issue of 'waging war against the nation' by including that one of the objectives of the conspiracy was to separate Jammu and Kashmir from India.

The appeal comes in the wake of the charges framed not including the prosecution's point that the Mumbai carnage was part of a 'jihadi' plan to liberate Kashmir. The charges were framed by special court Judge M L Tahaliyani on May 6 against Pakistani gunman Mohammed Ajmal Amir Qasab and other accused.

"This important aspect of the conspiracy was not reflected in the charge of waging war against the nation," special public prosecutor Ujjwal Nikam said in an application seeking to modify charges.

Defence lawyers Shahid Azmi and Abbas Kazmi opposed the prosecution's plea saying that there was prima facie no material to suggest that one of the objectives of conspiracy, allegedly hatched by Lashkar-e-Toiba (LeT), was to separate J&K from India.

Judge M L Tahaliyani will pass an order on Friday on the prosecution's application.

The prosecution has pleaded that Qasab had said in his confession that the aim of LeT conspiracy was to attack Mumbai in order to destabilise India with an intention to separate J&K from the country.
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