Mumbai, Nov 15 : Pakistani terrorist Ajmal Kasab today raised a legal point before the Bombay High Court, asking whether National Investigating Agency (NIA) can register an independent case against him in respect of 26/11 terror attack in view of section 300 of CrPc which says a person convicted of an offence cannot be tried again.
In a petition based on media reports, Kasab, who has been given death sentence for his role in the 26/11 attacks, asked whether the NIA had registered an independent case against him and that it would soon interrogate him.
Defence advocate Amin Solkar, appearing on behalf of Kasab, said the report indicates that the 26/11 probe, on the basis of which Kasab was convicted, was either incomplete or a de novo (fresh) investigation is on the cards.
''This will amount to double jeopardy and also directly interfere in the case of confirmation of Kasab's death sentence pending before the High Court, he said'' The Division bench comprising of Justices Ranjana Desai and R V More, who at the initial stages of hearing, contended that court will not go by media report but later after hearing the petition at length, asked public prosecutor Ujjwal Nikam to file a reply on November 18 to the issues raised by Kasab.
Kasab's petition asked whether NIA, which was set up after the 26/11 attacks, was authorised to conduct investigation and file a charge sheet and why till date it had not done so.
The petition also questioned whether investigation in all the 12 cases registered pertaining to the 26/11 terror attacks was assigned to Mumbai Crime Branch or NIA. It also asked whether the probe by Mumbai Crime Branch was legal.
Defence advocate Amin Solkar, appearing on behalf of Kasab, said the report indicates that the 26/11 probe, on the basis of which Kasab was convicted, was either incomplete or a de novo (fresh) investigation is on the cards.
''This will amount to double jeopardy and also directly interfere in the case of confirmation of Kasab's death sentence pending before the High Court, he said'' The Division bench comprising of Justices Ranjana Desai and R V More, who at the initial stages of hearing, contended that court will not go by media report but later after hearing the petition at length, asked public prosecutor Ujjwal Nikam to file a reply on November 18 to the issues raised by Kasab.
Kasab's petition asked whether NIA, which was set up after the 26/11 attacks, was authorised to conduct investigation and file a charge sheet and why till date it had not done so.
The petition also questioned whether investigation in all the 12 cases registered pertaining to the 26/11 terror attacks was assigned to Mumbai Crime Branch or NIA. It also asked whether the probe by Mumbai Crime Branch was legal.
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