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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 rediff.com
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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Azam Cheema, who headed the Lashkar-e-Tayiba’s [Images] operations in India (apart from Kashmir) till a few months ago, was not actively involved in the execution of the November 26 Mumbai terror attacks, Intelligence Bureau sources have told rediff.com
Cheema, who is also known as Babaji, headed the Dasta Mohammad bin Qasim, the wing that carries out deadly attacks in the country. The IB says there is an Interpol red corner notice against Cheema, who also figures in India’s list of 40 most wanted.
Though Cheema’s stamp can be found in virtually every Lashkar attack on India soil, IB intercepts suggest that diabetes put him out of full-fledged operations four months before the Mumbai attacks.
Cheema is said to have handed over the reins to Abu Qama, who the terrorists are said to have spoken when the siege was on in Mumbai’s hotels.
Sources said Cheema was kept in the loop when the conspiracy was being planned. Based on statements by arrested terrorists Sabahuddin Ahmed and Fahim Ansari and other inputs, the IB says Cheema was in the loop at least till the time Lashkar operatives surveyed likely Mumbai targets.
Cheema, who hails from Pakistan, had planned the serial blasts on Mumbai’s local trains on July 7, 2006. The chargesheet in that case names him as one of those absconding.
Intelligence sources said the attack on the paramilitary Central Reserve Police Force camp in Uttar Pradesh’s [Images] Rampur town on January 1, 2008, was among the last attacks that Cheema orchestrated on Indian soil.
During his interrogation Sabahuddin, who carried out the attack, said Cheema had kept in touch with them during that attack.
Sources quoted Sabahuddin as saying during his narcoanalysis as well as interrogation that he had met Cheema twice before he came to India to carry out the December 28, 2005, attack on the Indian Institute of Science, Bengaluru [Images], and the attack on the CRPF camp.
Both Sabahuddin and Ansari told their interrogators that Cheema handled a separate team that was in charge of India-based operations; he mostly interacted only with these individuals.
Cheema’s new role, the IB sources added, would be restricted to overseeing recruitments and motivating the new recruits.
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