MUMBAI: Pakistani terrorist Ajmal Kasab, given death sentence for his role in the 26/11 attacks, today asked whether the National Investigating Agency (NIA) had registered an independent case against him and that it would soon interrogate him.
In a petition filed before the Bombay High Court, his lawyer Amin Solkar said, "The report indicates that the 26/11 probe, on the basis of which Kasab was convicted, was either incomplete or a denovo (fresh) investigation is on the cards.
"This would amount to double jeopardy and also directly interfere in the case of confirmation of Kasab's death sentence pending before the high court."
Justices Ranjana Desai and R V More asked government counsel 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?... 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?
Kasab also sought to know under what provisions Maharashtra permitted NIA to interrogate him. He also questioned the report which said that his death sentence would be suspended until NIA finishes probe. Can a sentence be suspended when its confirmation is pending before High Court?
Kasab raised a legal point whether NIA can register an independent case against him in respect of the same 26/11 terror attack in view of section 300 of CrPc which says a person convicted of an offence cannot be tried again
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