Fact Check by LOGICALLY FACTS:
The Verdict [False]
Advocates including Abbas Kazmi, Amin Solkar, and Farhana Shah represented 26/11 Mumbai attack convict Ajmal Kasab at different stages.
What is the claim?
Various social media users have claimed that former Rajya Sabha MP and advocate Majeed Memon had represented 26/11 Mumbai attack terrorist Ajmal Kasab in the court. Kasab was convicted and hanged for the Mumbai terror attacks in which over 150 people were killed.
Users claimed that NCP founder Sharad Pawar made Memon an MP in Rajya Sabha whereas the BJP has given a Lok Sabha ticket to Ujjwal Nikam who played a crucial role in prosecuting and securing the hanging of Kasab.
The archives of these posts can be found here and here.
However, the fact check by Logically Facts found that the social media posts were false. There was no evidence to support the claim that he was associated with the trial of the terrorist. Nikam was a government counsel during Kasab's trial and joined the BJP earlier this year.
What are the facts?
During the fact check, searches were conducted using keywords like 'Majeed Memon' and 'Ajmal Kasab' to look for news reports relating to the trial. However, no such news stating that Majeed Memom defended Kasab was found.
Majeed Memon and Ajmal Kasab
An article written by Majeed Memom titled “Why I Will Not Stand Up In Court For Kasab” published on December 21, 2008 came up in various news media outlets, including The Economic Times and The Times of India.
In this article, he advocated for a prompt trial of Kasab, citing the substantial evidence against him and said that the "enormity of his crime in all probability would lead to a death sentence". He, however, argued that it was mandatory for Kasab to have a lawyer as its absence will affect the fairness of the trial.
Memon concluded his article by stating, “As far as I am concerned, I will not defend him in court because his case is indefensible. We have all seen him committing the crime. His guilt is beyond doubt.”
Memon, who was then a member of the NCP, is now a part of the Trinamool Congress (TMC).
Ajmal Kasab's lawyers
Advocate Anjali Waghmare was Kasab's court-appointed lawyer before withdrawing from the case following political pressure and attacks on her house.
After her exit, Abbas Kazmi was chosen to represent Kasab. Nine months later, Kazmi was dismissed by Judge ML Tahiliyani for "not cooperating with it in the interest of justice.”
In November 2009, KP Pawar was appointed as the new lawyer. Pawar had been assisting Kazmi since the beginning of the trial. Later, in June 2010, the Bombay High Court appointed advocate Amin Solkar as a lawyer in the case and Farhana Shah as Solkar's assistant. In 2011, the Bombay High Court upheld the death penalty for Kasab describing the case as rarest of the rare and stating that there was "no scope of reform or rehabilitation of the convicted accused."
In the Supreme Court, it was senior advocate Raju Ramachandran who served as the amicus curiae in Kasab's case.
The verdict
Majeed Memon did not represent Kasab in the court and was not part of the legal team at any point in his trial. Advocates like Abbas Kazmi, Amin Solkar, and Farhana Shah represented Kasab at different stages. Memon had stated in his opinion piece that he will not defend Kasab.
(Disclaimer: This story was originally published by LOGICALLY FACTS, and republished by India TV as part of the Shakti Collective.)
