The Practical Lawyer

Mohd. Ajmal Amir Kasab v. State of Maharashtra, (2012) 9 SCC 1

Penal Code, 1860

S. 302 r/w Ss. 120-B, 109 & 34 and Ss. 307, 397, 324, 341, 342 & 364 - Mumbai Terrorist Attack case - Sole terrorist
captured alive out of total of ten - Conviction of - Bold and voluntary confession, by said sole surviving Pakistani terrorist
(TA-1 or tried Accused 1) under S. 164 CrPC corroborated by ocular evidence of eyewitnesses who had life and death
encounters with TA-1 and DA-1 (deceased-Accused 1), both of whom as a pair had been on a killing spree with highly
lethal weapons at public places in Mumbai for about 3 hours, and further corroborated by forensic evidence, ballistic
evidence, DNA evidence and a huge amount of other evidence - All such eyewitnesses easily identifying TA-1 and
distinguishing him from DA-1 (due to sharp contrast in their height) - Conviction confirmed by High Court for following
offences, therefore, upheld: for multiple murder, murder with common intention and abetment, attempt to murder with
common intention and abetment, abducting in order to murder, robbery with attempt to cause death or grievous hurt, and
several other allied offences under IPC, committing terrorist acts punishable under S. 16 of Unlawful Activities
(Prevention) Act, 1967, as well as offences under Explosives Act, 1884, Explosive Substances Act, 1908, and Arms Act,
1959 [Ed.: remaining offences of which TA-1 has been found guilty have been dealt with in other Shortnotes], (2012) 9
SCC 1-A

Evidence Act, 1872

Ss. 60, 45, 35, 65-B, 3, 5, 7, 24 and 27 - Best evidence - Reliable ocular evidence/eyewitness testimony - Primacy of Large number of eyewitnesses deposed - Huge amount of other evidence on record, such as articles recovered, medical
and forensic reports, CCTV recordings, phone call records, station diary entries, police logs, etc. - Accused also
confessed in entirety before Magistrate under S. 164 CrPC - Since facts confessed to by accused were fully proved and
corroborated by ocular testimony, not necessary to refer to other evidence, (2012) 9 SCC 1-B

Criminal Trial
Identification
Identification of dead body in morgue and identification of photograph in fake identity card worn by accused who was
killed, in court, by persons who had encountered said accused before he was killed, relied upon as corroborative
evidence, (2012) 9 SCC 1-C

Criminal Trial
Identification
Gun (AK-47 rifle) whether swapped by accused when it ran empty with gun of same make of police officer killed by said
accused - Determination of - Numbers on rifle, magazines, armoury records, ballistic analysis of dead bodies of persons
shot by either weapon - Such evidence matching confession made by another accused person (TA-1) who had
accompanied accused (DA-1) who had swapped rifles, (2012) 9 SCC 1-D

Penal Code, 1860

Ss. 121, 121-A, 122 to 126 and 302 r/w Ss. 120-B, 109 & 34 - Larger conspiracy to wage war against India - Separate
attacks by 5 pairs of terrorists - Accused, TA-1 being a member of one such pair, confessing about larger conspiracy to
Magistrate - Evidence that may be examined - Evidence relating to attack by other 4 pairs of terrorists at other places,
held, is relevant for proving larger conspiracy and therefore, must be examined (though only TA-1 out of the ten terrorists
had survived) - It is necessary to examine evidence of carnage at other venues committed by other four pairs (DA-2 to
DA-9) to prove involvement of TA-1 and DA-1 in the larger conspiracy (though without such evidence their involvement in
larger conspiracy was also proved) - It was not, however, necessary to discuss evidence relating to other four pairs of
terrorists in great detail as they were dead and were not under trial, (2012) 9 SCC 1-E
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Penal Code, 1860

Ss. 121, 121-A, 122 to 126 and 302 r/w Ss. 120-B, 109 & 34 - Larger conspiracy to wage war against India - Separate
attacks by 5 pairs of terrorists - Involvement of TA-1 (member of one of the five pairs) in larger conspiracy, whether
proved - First important piece of evidence being confession of TA-1 before Magistrate about the entire planning and
preparation for attack in pursuance of larger conspiracy - Said confession being corroborated by enormous amount of
evidence of all kinds relating to involvement of TA-1 and DA-1 in larger conspiracy (when the duo, TA-1 and DA-1 were
playing out their role assigned in pursuance of larger conspiracy as per TA-1's confession) - Evidence relating to other 4
pairs (deceased co-conspirators) indicating mass killing of Indians and a few foreigners by them (166 being killed and
238 injured), destroying property (worth Rs 150 crores), attempting to instigate communal riots within country by trying to
create malicious false impression that attack was by Indian Muslims, embarrassing India by killing foreign nationals and
spreading terror and taking foreign nationals as hostages so that pressure could be mounted on Government of India
and the States in respect of Kashmir - Most important piece of evidence being intercepts of telephonic conversations
which deceased co-conspirators had with their handlers across the border in Pakistan - Involvement of TA-1 in larger
conspiracy, held, established from enormous evidence of all kinds - TA-1, while shooting at CST Railway Station, Cama
Hospital, and at other public places along with DA-1 had connection with the attacks taking place at other places (Taj
Hotel, Nariman House, Hotel Oberoi, etc.) by other 8 deceased co-conspirators (DA-2 to DA-9) - From intercepts of
telephonic conversations which deceased co-conspirators had with their collaborators across the border in Pakistan it is
evident that the conspiracy did not stop with the 10 terrorists leaving Pakistani shores or TA-1 and DA-1 separating from
them - It continued developing and growing while the larger conspiracy was under execution - The conspiracies came to
an end only when all the remaining terrorists were killed at the places where they were holed up, (2012) 9 SCC 1-F

Penal Code, 1860

Ss. 121, 121-A, 122 to 126 and 302 r/w Ss. 120-B, 109 & 34 - Larger conspiracy to wage war against India - Separate
attacks by 5 pairs of terrorists - Involvement of TA-1 in larger conspiracy, whether indicated from intercepts of telephonic
conversations of co-conspirators - Motive of co-conspirators (DA-2 to DA-9) as indicated in intercepts of telephonic
conversations being to spread wrong message that Indian Muslims were involved in Mumbai Terrorist Attack, bargaining
or putting pressure on Governments in India by taking hostages (Indian and foreigners) so that Kashmir issue could be
influenced - Motive as indicated by TA-1 in his confession also same - Effect and implications, (2012) 9 SCC 1-G

Penal Code, 1860

Ss. 121, 121-A, 122 to 126 r/w Ss. 120-B, 109 and 34 - Waging war against India - Terrorist attack in financial capital of
India (Mumbai) by 10 terrorists arriving by sea - Terrorists whether foreign nationals - Co-conspirators and collaborators
who from a location outside India provided moral support, tactical advice and guidance by means of mobile phones to
terrorists while terrorists were carrying out attack in Mumbai - Determination of nationality of terrorists, co-conspirators
and collaborators - Terrorists whether from State of Pakistan - Co-conspirators and collaborators whether had provided
said guidance from inside Pakistan - Determination of - Indian fishing boat (Kuber) hijacked by terrorists on high seas to
come to India and, thereafter by rubber boat/dinghy and its outboard motor by which they actually disembarked in
Mumbai, recovered with various articles belonging to or used by terrorists while travelling in Kuber and said rubber
boat/dinghy - All articles indicated that they were from Pakistan - Routes taken by Kuber and rubber dinghy plotted based
on analysis of waypoints from mobile devices recovered from Kuber and dinghy (satellite phone and GPS devices) used
by terrorists to navigate their way to India - Said routes showed terrorists had made their way to India by sea from
Pakistan via Gujarat near Porbandar (where Kuber had been hijacked) and then to South Mumbai - Outboard motor of
rubber dinghy of Yamaha make, established to have been dispatched to vendor in Karachi, Pakistan from Japan Telephone intercepts of conversations of 5 pairs of terrorists while carrying out the attack with their collaborators in
Pakistan recorded, thereby establishing that in fact the terrorists' interlocutors were speaking from inside Pakistan,
though various deceptive/masking devices had been used to try and show that the terrorists' interlocutors had Indian
names and were sitting in United States - Held, in light of the overall facts and circumstances, it is conclusive that
terrorists were Pakistanis, and co-conspirators and collaborators of the 10 terrorists with whom they were in constant
touch while the terrorists were carrying out the attack in Mumbai at various locations and from whom they were
constantly receiving moral support, tactical advice and guidance, were sitting in a foreign land, which could only be
Pakistan, (2012) 9 SCC 1-H

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Criminal Trial
Clues and Tell-Tale Signs/Forensics
Path taken by accused (terrorists) across the seas to come to India to commit terrorist attack - Determination of Waypoints found from recovered satellite phones and GPS devices, used as basis to plot said path, (2012) 9 SCC 1-I

Criminal Trial
Identification
Articles of clothing, blankets, etc. matched with accused based on DNA test using stains of sweat, saliva and other
bodily secretions found on said articles and DNA samples taken from their dead bodies, (2012) 9 SCC 1-J

Criminal Trial
Identification
Provenance of article/place where article manufactured and then shipped to - Outboard motor/engine of a particular
make (Yamaha) manufactured by a multinational/transnational company - Determination of - Serial number used to
determine, upon video conferencing examination of expert of company concerned outside India, (2012) 9 SCC 1-K

Criminal Trial
Identification
Common substance used by a group of accused (group of terrorists) - Matching of different samples to link the accused
- Matching of hue (appearance) and physico-thermal characteristics - Differential thermal analyser technique - Pink foam
used to provide padding and cushion to explosive devices (IEDs) and hand-grenades to prevent them from exploding
accidentally while terrorists were carrying them around - Abovesaid techniques relied on to determine that various foam
pieces recovered from different crime scenes/persons were from same source, (2012) 9 SCC 1-L

Evidence Act, 1872

Ss. 10, 65-B and 7 - Conspiracy - Proof of - Intercepted telephone/mobile phone calls - Relied on, to prove existence of
conspiracy and to determine motive of conspiracy, (2012) 9 SCC 1-M

Criminal Trial
Motive
Intention - Inference of - Bases for - Intercepted telephone/mobile phone calls, (2012) 9 SCC 1-N

Criminal Trial
Clues and Tell-Tale Signs/Forensics
Intercepted telephone/mobile phone calls - Deception/masking devices to hide actual persons by or to whom and place
from where or to where telephone calls were being made - Unmasking of - Use of proxy locations, fake names, domain
name in another country, etc. - Place where mobile phones manufactured - Relevance, (2012) 9 SCC 1-O

Constitution of India

Arts. 21, 22(1) and 39-A - Right to free legal aid - Scope of - Legal representation/counsel at pre-trial/investigation stage
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- Entitlement to, if any - Confession made to Magistrate when accused had no legal counsel - If vitiated trial - Need to
show material prejudice, (2012) 9 SCC 1-P

Constitution of India

Arts. 21, 20(3), 22(1) and 39-A - Right to free legal aid, right to consult and be defended by a lawyer - Legal
representation/counsel at pre-trial/investigation stage - Scope and purpose of, in Indian context as found in Indian
statutes, clarified and distinguished from scope and purpose of right against self-incrimination principles as laid down by
US Supreme Court in Miranda, (1966) 16 L Ed 2d 694 - Sufficiency of Indian statutory protection against selfincrimination even in absence of a lawyer at pre-trial/investigation stage, pointed out, (2012) 9 SCC 1-Q

Constitution of India

Arts. 21, 22(1) and 39-A - Right to free legal aid, right to consult and be defended by a lawyer - Evolution of right in
Indian context and its implication - Right to legal aid under Constitution - Manner of interpretation - Organic structure and
evolution of constitutional laws and rights for the benefit of Indian people, discussed and resultant manner of
interpretation - Art. 22(1) is not merely an enabling provision - Access to lawyers is imperative due to indigence and
illiteracy of vast majority of Indians - Such right (especially at trial and during the trial) cannot be taken away or whittled
down simply to deal with one terrorist (as in present case), (2012) 9 SCC 1-R

Constitution of India

Arts. 21, 22(1) and 39-A - Right to free legal aid, right to consult and be defended by a lawyer - When arises and
corresponding duty of Magistrate in this regard, clarified and directions issued - Said right, held, arises when a person
arrested in connection with a cognizable offence is first produced before a Magistrate - The role of a lawyer is mainly
focused on court proceedings like demanding bail or resisting police/judicial custody - Accused would need a lawyer
when the charge-sheet is submitted and Magistrate applies his mind to the charge-sheet with a view to determine the
future course of proceedings - Accused would need a lawyer at the stage of framing of charges against him and would,
of course, need a lawyer to defend him in trial - The lawyer also can advise an accused, for example he can advise about
the legal consequences of making a confession under S. 164 CrPC - But under Indian statutory Scheme, a Magistrate
also has a compulsory obligation to advise the accused regarding legal consequences of making a confession under S.
164 CrPC - It is the duty and obligation of Magistrate at this stage to make the accused fully aware of said right and to
make him aware that if he has no means to engage a lawyer, a lawyer would be provided at State expense - All
Magistrates of country directed to strictly and faithfully discharge the said obligation, on failure to discharge which
Magistrate concerned would be liable for departmental proceedings, (2012) 9 SCC 1-S

Constitution of India

Arts. 21, 22(1) and 39-A - Right to free legal aid, right to consult and be defended by a lawyer - Trial stage - Duty of
Magistrate - Held, at the commencement of trial, Magistrate has a constitutional duty to provide an accused with a lawyer
even if he does not ask for one and remains silent, unless the accused voluntarily in clear/unambiguous terms makes an
informed decision to defend himself personally without assistance of a lawyer - Failure to discharge such duty properly by
Magistrate would vitiate trial, (2012) 9 SCC 1-T

Constitution of India

Arts. 21, 22(1) and 39-A - Right to free legal aid - Consequences of failure to provide a lawyer at pre-trial stage
compared with such failure at trial stage - At trial stage such failure always vitiates trial unless accused voluntarily in
clear/unambiguous terms makes an informed decision to defend himself personally without assistance of a lawyer However, at pre-trial stage such failure may not vitiate trial and would depend upon facts of each case - Such failure at
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pre-trial stage would vitiate trial if such failure has caused some material prejudice to accused - However, such failure,
whether at pre-trial or trial stages, may entitle accused to claim compensation from State and may make Magistrate
concerned liable for disciplinary proceedings, (2012) 9 SCC 1-U

Constitution of India

Art. 20(3) - Right against self-incrimination - Sufficiency of statutory safeguards in Indian law - Rules laid down in CrPC
and Evidence Act, held, alone are sufficient for protecting right against self-incrimination - Additional safeguards built into
Ss. 32(2) to (5) and 52 POTA (S. 32(1) POTA itself providing for a major departure from the general law) are not
applicable over and above provisions of CrPC for protecting said rights - Miranda, (1966) 16 L Ed 2d 694, rules are also
not required to be followed - Rationale for, explained by examining legal system prevalent in America at time of Miranda
decision, (2012) 9 SCC 1-V

Criminal Trial
Defence
Whether sufficient time was allowed for preparation of case - Court allowed 8 days' time during which there were brief
hearings on issues relating to juvenility of accused - Defence lawyer (though not a non-complaining type) not complaining
about not being given sufficient time - A chart showing day-to-day development in trial and hours of court proceedings on
each day indicating that defence lawyer was given ample time for preparation - When defence lawyer had asked for
adjournment for cross-examination of important witnesses, court accommodating him on most occasions - Held, it cannot
be held that defence lawyer was not allowed sufficient time for preparation of case and that trial was vitiated by denial of
sufficient time, (2012) 9 SCC 1-W

Criminal Procedure Code, 1973

S. 164 - Confession before Magistrate - Whether voluntary and truthful - Some reference in confession about coaccused (TA-2 and TA-3 who were involved only in preparation of maps and not in actual attacks) being unsatisfactory But regarding rest of confession, held, there is no reason to doubt that it was not made voluntarily and without any
influence or duress from any external agency - Magistrate fully resorted to all safeguards under S. 164 CrPC and gave
TA-1 sufficient time (i.e. 3 days' time) to reflect as to whether he really wanted to make the confession, (2012) 9 SCC 1X

Criminal Procedure Code, 1973

S. 164 - Voluntariness of confession - Foreign terrorist trying to prove his foreign identity, when his country denied the
same - Detailed references to family, friends and their addresses and phone numbers to prove Pakistani identity, when
Pakistani authorities denied his Pakistani identity, held is understandable and does not mean that confession was not
voluntary, (2012) 9 SCC 1-Y

Criminal Procedure Code, 1973

S. 164 - Voluntariness of confession - Accused picking up words he would normally not use and which prosecution
might have used during long repeated interrogation - Effect - Use of negative word like ``sahzish'' (when accused, in his
confession was boasting of his patriotic sacrifice) and foreign word like ``POK'' instead of native word like ``Azad
Kashmir'', held does not mean that confession is not voluntary - TA-1 might have picked up these words from the
prosecution during long interrogation, (2012) 9 SCC 1-Z

Criminal Procedure Code, 1973

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S. 164 - Voluntariness of confession - Committed member of terrorist organisation having conspired to die in course of
attack revealing the names, positions, roles of important members of terrorist organisation - As TA-1 not being a
mercenary and there being no plan of his being caught alive, voluntariness of said confession, held, cannot be doubted
on ground that he knew of such roles, names and positions, (2012) 9 SCC 1-ZA

Criminal Procedure Code, 1973

Ss. 164 and 161 to 163 - Voluntariness of confession - Confession under S. 164 confirming to confession made before
police - Said confirmation, held, does not mean that confession was not voluntary - Rather said confirmation goes to the
credit of investigation, (2012) 9 SCC 1-ZB

Criminal Procedure Code, 1973

Ss. 164, 161 to 163 and S. 173 - Voluntariness of confession - Though accused desiring to make confession in
December, police sending him to Magistrate for recording of such confession after a delay of 2 months i.e. after
completion of investigation and just prior to submission of charge-sheet - Said delay in sending accused, held, does not
mean that confession was not voluntary - Said procedure adopted by police is not unjust, (2012) 9 SCC 1-ZC

Criminal Procedure Code, 1973

Ss. 164 & 161 to 163 and S. 229 - Retracted confession - Admissibility and stage at which admissible - Recording of a
second confession (admitting guilt) at a stage when recording of evidence of witness is going on (i.e. when stage of S.
229 is over), held, is permissible, (2012) 9 SCC 1-ZD

Criminal Procedure Code, 1973

S. 164 - Retracted confession - Extent of admissibility - Second confession trying to dilute offences committed (first
confession being voluntary and without duress) - Effect, (2012) 9 SCC 1-ZE

Penal Code, 1860

S. 120-B r/w Ss. 121 to 126 - Proof of conspiracy - Things said by conspirators in reference to common design after
arrest of one co-conspirator - Such things said post arrest if could be used against arrested co-conspirator - Intercepted
telephonic conversation of co-conspirators while on their attack mission (waging war against India), post arrest of
appellant-accused co-conspirator (TA-1) - Whether can be used against TA-1 - Co-conspirators (terrorists) fighting police
by taking positions in hotels and important buildings - Accused (TA-1) getting caught prior to said co-conspirators being
caught/killed - Transcripts of intercepted mobile phone/telephonic conversation, which said co-conspirators had with their
handlers, held, can be used against TA-1 - There is no reason not to take said transcripts/intercepts into consideration in
support of charge of conspiracy against TA-1 - Phase of planning the attack and training for it, which form core of
conspiracy, took place in Pakistan, and the terrorists, including TA-1, came to Mumbai in execution of main objects of
conspiracy - TA-1 was apprehended while he was on a killing spree in execution of objects of conspiracy - Transcripts of
phone conversation of co-conspirators with their foreign collaborators, relate to a time when speakers were not only free
but were actively involved in trying to fulfil objects of conspiracy - Transcripts are by no means any confessional
statements made under arrest and they are fully covered by provisions of S. 10 of Evidence Act, (2012) 9 SCC 1-ZF

Penal Code, 1860

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Ss. 121 to 126 r/w S. 120-B - ``Waging war'' - What is - Striking at sovereignty of State - Foreign enemy killing Indian
people only because they were Indian or foreigners only because they were on Indian soil - Offence of waging war
against India, whether proved - Held, TA-1 has been rightly held guilty of waging war against India and rightly convicted
under Ss. 121, 121-A and 122 - Primary and the first offence that TA-1 and his co-conspirators committed was offence of
waging war against India - In ``waging war'', intent of foreign enemy is not only to disturb public peace or law and order or
to kill many people - A foreign enemy strikes at sovereignty of the State, and his conspiracy and actions are motivated by
that animus - It also does not matter if different targets were assigned to the conspirators - If people are killed only
because they are Indians or foreigners only because they are on Indian soil, the attack can be said to be mainly directed
at India and Indians and amounts to waging war against India, (2012) 9 SCC 1-ZG

Penal Code, 1860

Ss. 121 to 126 r/w S. 120-B - Offence of waging war against Government of India - ``Waging war'' - What is ``Government of India'' - Scope of - Whether includes execution of a conspiracy to kill Indian people and foreigners in
India with objective of putting pressure on Government in respect of Kashmir issue - Expression ``Government of India''
under S. 121, held, is not used in a narrow sense to mean only executive wing of State - Wider meaning of said
expression, explained - Said expression in its wider meaning includes People of India because People of India are true
repository of sovereignty of India - This wider meaning can also be inferred from substitution of the word ``Queen'' with
expression ``Government of India'' by Adaption of Laws Order of 1950 (i.e. after India became a democratic republic),
(2012) 9 SCC 1-ZH

Criminal Law
Terrorism and Organised Crime
S. 15 - ``Terrorist acts'' and ``waging war'' - Relationship inter se and limited overlapping of, pointed out - A terrorist act
under S. 15, held, does not automatically fall outside umbrage of S. 121 IPC, (2012) 9 SCC 1-ZI

Penal Code, 1860

Ss. 302, 40, 121 to 126 r/w Ss. 120-B, 109 and 34 - Whether rarest of rare cases for imposition of death penalty Unprecedented and overwhelming aggravating circumstances - Only mitigating circumstance being age of accused Accused TA-1 not having any regret for his actions, rather wanting others to follow in his footsteps in killing Indians and
become a fidayeen like him - Thus there being no possibility of his being reformed - TA-1 being clever, shrewd, having a
tough mind and determination and casually killing without slightest twinge of conscience and without any provocation
unknown harmless victims just because they happened to be Indians - Accused showing unprecedented degree of
cruelty, brutality and depravity - Hence, there was no question of TA-1 being led as it were by destiny or that he was
brainwashed because of his poverty/illiteracy - Acts committed by him were expressions of his free will - Conspiracy and
previous planning behind Mumbai Terrorist Attack of which TA-1 was a part was deep, large, vicious and unprecedented Element of waging war against Republic of India, magnitude of attack and shock to collective conscience of people of
India is unprecedented - TA-1 was personally responsible for killing at least 7 people - Jointly along with other
conspirators, TA-1 was responsible for killing 166 people (of whom 18 were policemen or security personnel and 26 were
foreign nationals), injuring 238 (of whom 37 were policemen or security personnel and 21 were foreign nationals) and
destroying property worth Rs 150 crores - Hence, death sentence on five counts imposed and upheld by High Court
confirmed - Elements of aggravating circumstances pointed out - Further held, death penalty is constitutionally valid - To
hold back death penalty on facts of present case (when every single reason assigned by Supreme Court for awarding
death sentence is found in this case in a more magnified manner) would amount to obdurately declaring that Supreme
Court rejects death as a lawful penalty even though it is on statute book and held valid by Constitutional Benches of
Supreme Court, (2012) 9 SCC 1-ZJ

Criminal Law
Terrorism and Organised Crime
Plea on behalf of accused TA-1 that his acts were not expressions of his free will but in some way predetermined, being
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based on philosophical doctrine of predetermination/destiny/fate - Untenability - Whether TA-1 was pushed by destiny to
commit offence of waging war against India and killing innocent Indians and foreigners as part of a large-scale
conspiracy - Court, held, must judge actions of present accused and offences committed by him as expressions of his
free will, for which he alone is responsible and must face the punishment - Philosophical doctrine of predetermination,
rejected - Further plea that TA-1 was brainwashed because of his poverty/illiteracy or was a mere tool of LeT (terrorist
organisation in Pakistan which had masterminded entire larger conspiracy and Mumbai Attack), also rejected, (2012) 9
SCC 1-ZK

Criminal Trial
Proof
Absolute proof - If ever available - Per Prasad, J. (supplementing), in all human affairs absolute certainty is a myth Hence, law accepts for it probability as a working substitute and the standard of proof beyond reasonable doubt in
criminal cases - However, in case in hand, from evidence, oral and documentary, it can be said with absolute certainty
that the planning and conspiracy to commit the crime were hatched in Pakistan, perpetrators of crime were Pakistanis
trained at different centres in that country, and devastation which took place at various places in city of Mumbai, were
executed by TA-1 and the other nine in furtherance thereof, (2012) 9 SCC 1-ZL

Penal Code, 1860

Ss. 121 to 126 and 302 r/w Ss. 120-B, 109 and 34 - Mumbai Terrorist Attack case - TA-2 and TA-3 allegedly providing
maps of Mumbai and ancillary logistical support to ten terrorists who had come from Pakistan who actually carried out
attack - There being insufficient evidence against TA-2 and TA-3 - Testimony of an important witness not being credible Concurrent acquittal by trial court and High Court not disturbed, (2012) 9 SCC 1-ZM

Armed Forces
Duties of
Policemen and security personnel who showed exemplary courage and laid down their lives to protect innocent people
in Mumbai Terrorist Attack hailed for their heroic martyrdom - Salute raised by Supreme Court on behalf of People of
India, (2012) 9 SCC 1-ZN

Press and Media Laws

Ethics
Heroism shown by press photographers in photographing terrorists on their killing spree regardless of risk to their own
lives in Mumbai Terrorist Attack case, hailed, (2012) 9 SCC 1-ZO

Courts, Tribunals and Judiciary

Judicial Process
Generally - Conduct of proceedings by trial Judge in case having international ramifications and credibility of India as a
nation governed by rule of law - Quality of record maintained by him - Trial Judge hailed as true flag-bearer of rule of law
in India, and trial court records of this case directed to be included in curriculum of various Judicial Academies in country,
(2012) 9 SCC 1-ZP

Courts, Tribunals and Judiciary

Judicial Process
Case having international ramifications and credibility of India as a nation governed by rule of law - Congeniality of
atmosphere during entire conduct of arguments and proceedings in Court - Quality of documentation, preparedness and
resourcefulness of counsel and assistance rendered to Court - Deep appreciation expressed by Supreme Court, (2012)
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9 SCC 1-ZQ

Advocates
Amicus curiae
Token fees directed to be paid by State, (2012) 9 SCC 1-ZR

Constitution of India

Arts. 19(1)(a) & (2) and 21 - Mumbai Terrorist Attack case - Media role - Reckless media coverage - Irresponsibility of
media, strongly deprecated - Collaborators of ten terrorists carrying out attack in Mumbai, who were sitting in Pakistan
were watching full show on TV in their hideouts across the border - They also made fun of speculative TV reports Collaborators were watching every movement of security forces being broadcast live on Indian TV - Based on this live
coverage collaborators alerting holed-up terrorists to plan/movement of security forces, thus significantly thwarting efforts
of security forces and endangering them - Reckless TV coverage just for profit sake (without any consideration for
national security) simply to raise the viewer ratings of respective TV channels, deprecated - This is a case against
argument that regulatory mechanism for media must come from within and not from Government, (2012) 9 SCC 1-ZS

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