Court expunges remarks against Kasab lawyer

The Bombay High Court on Thursday dismissed a petition seeking initiation of contempt of court proceedings against the Judge of a special court that tried and convicted terrorist Ajmal Kasab in the 26/11 Mumbai attacks case.

However, the court agreed on expunging from the records the objectionable remarks made by the Judge.

Advocate Abbas Kazmi sought action against Judge M L Tahiliyani for “illegally” removing him from representing Kasab and for passing remarks such as “You are lying”, “Terrorist’s lawyer” and “Wasting court’s time”.

Kazmi was the lawyer representing Kasab till Judge Tahiliyani divested him of this responsibility in November 2009. Kazmi, who conducted a major part of the trial, had initially agreed to the prosecution’s proposal to examine 349 witnesses by affidavits, instead of examining them in person.

However, he later changed his stand and insisted that they be examined in person rather than their affidavits.

The Judge, in a bid to broker an amicable solution, had then suggested to Kazmi that he choose the witnesses whom he wanted to examine in person. But, Kazmi rejected the offer and the Judge, in turn, allegedly accused him of “lying” and had him removed.

“Kazmi has developed a feeling that he is indispensable and that without him the court cannot function and also that the trial cannot be completed without his contribution,” Judge Tahiliyani had then remarked.

After his removal, Kazmi moved the High Court seeking initiation of contempt of court proceedings against the Judge.Though the court said that the contempt proceedings were not maintainable, it agreed with Kazmi on having the objectionable remarks expunged from the court records.

After the 26/11 case, Tahiliyani was elevated as a High Court Judge.