NEW DELHI, Jan 31, (AFP): The lone surviving gunman from the 2008 Mumbai attacks began a Supreme Court appeal against his death sentence on Tuesday by claiming that he had not received a fair trial.
A lawyer read out a statement in court from Mohammed Kasab, one of 10 gunmen who laid siege to Mumbai in the attacks that lasted nearly three days and killed 166 people.

The 24-year-old Pakistani has appealed for his death penalty to be overturned after he was convicted in 2010 for a series of crimes, including waging war against India, murder and terror acts.

“I have been wrongly held guilty because I was denied a fair trial. I was denied a counsel,” Kasab, who was not in court on Tuesday, said in a statement read by his appeal lawyer Raju Ramachandran. “The prosecution has failed to prove beyond a reasonable doubt the charges against me... I may be guilty of killing people and carrying out a terrorist act but I am not guilty of waging war against the state.”

The November 2008 attacks saw 10 heavily-armed Islamist gunmen storm targets in Mumbai including luxury hotels, a Jewish centre and a train station.

Two judges in New Delhi are hearing the appeal, which is expected to last at least two weeks.
India blames the Pakistan-based Lashkar-e-Taiba (LeT) militant outfit for training, equipping and financing the Mumbai gunmen with support from “elements” in the Pakistan military. Kasab’s death sentence was confirmed by a state high court in Mumbai last year. If he loses his Supreme Court appeal, he can lodge a final appeal for clemency with the president.

Ujjwal Nikam, who prosecuted the case in Mumbai on behalf of the Maharashtra state, is seeking to push through the death sentence.

“This is the rarest of rare cases,” Nikam told AFP ahead of the hearing. “He should not be entitled to any mercy.”

At the trial, the prosecution produced fingerprint, DNA, eyewitness and television evidence showing Kasab opening fire and throwing grenades at Mumbai’s main railway station in the bloodiest episode of the attacks.

Kasab — who is in jail in Mumbai — initially pleaded not guilty but later confessed, admitting he was one of the gunmen sent by the banned LeT militant group.

Pakistan has indicted seven alleged perpetrators over the attacks but they have not been brought to trial, triggering Indian accusations that the process is a sham.