PUNE: Senior Advocate Ujjwal Nikam termed the 26/11 Mumbai terror attack a classic case of ‘sponsored terrorism and a proxy war by Pakistan’. He was speaking at Bharati Vidyapeeth (Deemed to be University) New Law College during a legal discourse on ‘India’s tryst with terrorism: Revisiting Mumbai terror attack.”
He said, “The terror attack on Mumbai was a proxy war by Pakistan. Terrorism is waging a war against any country. There is no agreed definition of terrorism. Terrorism is an act which creates fear, harm to society. War is expensive and risky. Terrorism is an international problem faced by all countries. The 26/11 terror attack was a classic case of ‘sponsored terrorism’ meticulously executed.”
He said, “In criminal law, you can take evidence in affidavit if required. Kasab pleaded he was a juvenile and so inquiry was carried out and it was concluded that he was not a juvenile. It was a fact that terrorists are trained in your laws and situation. Lawyers have to be very sharp while dealing with cases of terrorists.”
He said, “In cross-examination, a lawyer should know where to stop. Role of a public prosecutor is important as they have to see to it that the decision is secured and justice done. Criminal conspiracy is difficult to prove as it is difficult to get independent witnesses. Various acts and omissions of criminals have to be seen. Terrorism cannot be stopped by making laws strict. We must also change our attitude. Our fear makes terrorism stronger. Don’t be terrorised by terrorism.”
College Incharge Principal Bhagyashree Deshpande said, “Human rights are rights given to individuals. Terrorism is a heinous crime committed by social pressure and political pressure. Multiple factor theory is useful in criminal law.”
