The court also said that it did not believe Kasab was on the borderline of being a major, but was well beyond it.

Saying he would be not eligible for benefits under the Juvenile Justice Act, the court told Kasab: “Aapki case isi court mein chalegi, test aur evidence ke buniyaad paar tum naabalik nahin ho yeh saabit hua hai (Your case will be heard in this court. Based on evidence, it has been proved you are not a minor).

The court of Special Judge M L Tahaliyani worked extra hours to pass the order on the inquiry initiated by the prosecution to prove Kasab a major.

With his case not being transferred to the Juvenile Justice Board, Kasab will face serious charges like criminal conspiracy and waging war on the nation. 

The court rubbished Kasab’s lawyer Abbas Kazmi’s argument that it could not rely on the testimonies of the witnesses or the medical reports as “Kasab’s age has been manipulated by the police ever since his arrest by the D B Marg police with a view to preventing the case from being sent a juvenile court.”

Kazmi argued that a team of four doctors, which relied on 16 X-rays to give an opinion on Kasab’s age, was biased. He said it had given a “vague finding” on which the court could not rely.

Special prosecutor Ujjwal Nikam, opposing Kazmi’s contentions, said the statements by Kasab on his age to a doctor at Nair Hospital and the Arthur Road jail superintendent were admissions made by him, and were admissible as substantive evidence under Section 21 of the Indian Evidence Act. The corroborative evidence in the form of medical opinion also belies Kasab’s claim that he was a minor, argued Nikam.  

On the defence argument that a bid was made by the police from the night of November 27, 2008 itself to manipulate Kasab’s age the court said: “At the time, no one knew Kasab would be the sole survivor among the attackers. Places in Mumbai were under attack. It is hard to believe that in a stage of conquering the attack and apprehending the accused, the police would have been worried about manipulating his age.”

“I don’t think the constable who rushed him to hospital would have been aware of provisions of the Juvenile Justice Act. The question of him influencing the doctors at Nair Hospital is ruled out,” Judge Tahaliyani added.

Kasab smiled at his lawyer Kazmi soon after the order. “I have not yet decided whether to appeal against the order in a higher court,” said Kazmi.  He is likely to reply to the proposed charges on Monday.    

Notes from The courtroom
New pyjamas
The state has provided Ajmal Kasab with two pairs of readymade kurta-pyjamas. He wore a pair in court on Saturday. To mediapersons suggesting he was looking smart in the outfit, Kasab returned a smile.

Lam’s take
Lam who focuses on rights of accused asked the court why the police had not allowed the accused to wear footwear. Lam said it could lead to foot problems, and asked whether footwear was not allowed because he would indulge in acts like hurling footwear. The court told Lam to sit down without uttering a word more.  

‘An Exception’
To prove a point that Kasab was a major, Nikam said, “Absence of third molar in Kasab does not prove he is a minor. He is an exceptional case. He said after murdering citizens Kasab’s blood pressure and pulse were normal at the first check-up at the hospital after his arrest, which shows he is an exceptional case. 

Lam’s first meeting
Lawyer K B N Lam who had wanted to defend Kasab but could not, and is now defending co-accused Sabahuddin Ahmed, met Kasab for the first time. During a short conversation with Kasab, he asked him if he missed ‘non-veg’ food in prison.

Doubly trained?
Saying that Kasabs’ plea that he was a minor, which was struck down by the court, was with a view to delay trial, Special Public Prosecutor Ujjwal Nikam said, “Kasab has not only got training in intelligence in Pakistan but also training on how to sabotage legal proceedings”.