No, former parliamentarian Majeed Memon wasn't 26/11 convict Ajmal Kasab’s lawyer

By: Tahil Ali
May 25 2024

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Posts on social media claim that Majeed Memon was 26/11 convict Ajmal Kasab's lawyer. (Source: X/Modified by Logically Facts)

What is the claim?

Multiple social media users have claimed that former member of the Upper House (Rajya Sabha) of the Parliament and advocate Majeed Memon was Ajmal Kasab's lawyer. Kasab was convicted and executed for the November 26, 2008 (26/11) terror attack in Mumbai, the capital of the Indian state of Maharashtra. 

Users claimed that Sharad Pawar, the founder of the undivided Nationalist Congress Party (NCP), made Memon a Rajya Sabha MP, while the Bharatiya Janata Party (BJP) gave a ticket to Ujjwal Nikam who was responsible for prosecuting and securing the hanging of Kasab. 

Screenshots of social media posts making the claim. (Source: X/Modified by Logically Facts)

The archives of these posts can be found here and here.

However, we found that social media posts claiming Memon defended Kasab during the trial are false. There is no evidence to support the claim that he was associated with the trial. Additionally, Nikam was a government counsel during Kasab’s trial and joined the BJP earlier this year.

What are the facts?

We began our search by using keywords such as ‘Majeed Memon’ and ‘Ajmal Kasab’ to search for any news reports related to the trial. However, we did not find any news reports stating that Majeed Memon defended Ajmal Kasab during his trial related to the 26/11 Mumbai attacks. 

Majeed Memon and Ajmal Kasab

We came across an article written by Majeed Memom titled “​​Why I Will Not Stand Up In Court For Kasab” published on December 21, 2008 in various news media outlets, including The Economic Times and The Times of India.  

Screenshot of the article by Majeed Memon. (Source: The Economic Times)

In this article, Memon advocated for a prompt trial for Kasab, citing the substantial evidence against him and emphasized that the "enormity of his crime in all probability would lead to a death sentence." He also argued that it was mandatory for Kasab to have a lawyer as the absence of one 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). 

Screenshot of Majeed Menon's profile. (Source: X/@advmajeedmemon)

Ajmal Kasab's lawyers 

Advocate Anjali Waghmare was the Kasab's court-appointed lawyer but she withdrew from the case following political pressure and attacks on her house. 

After Waghmare, 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, K.P. 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. 

Who is Ujwal Nikam?

In April 2024, the BJP fielded Ujjwal Nikam, the prosecutor in the 26/11 case, as their candidate from Mumbai North Central constituency. Nikam played a key role in various high-profile cases like the Kalyan bomb blast case and the Mumbai serial blasts case.

The verdict

Majeed Memon was not a part of the legal team of 26/11 accused Ajmal Kasab at any point in his trial. Advocates like Abbas Kazmi, Amin Solkar, and Farhana Shah represented Kasab at different stages. Memon himself stated in his opinion piece that he will not defend Kasab.