Waghmare admits having met the witness

Waghmare admitted having met the witness but said that she had no knowledge then that the court may later appoint her as Kasab's lawyer.

However, after her appointment as defence lawyer, she had told the witness that she could not represent him, Waghmare contended. The judge then reminded her that she had met him after being appointed defence lawyer in the case but even then she had not mentioned about her appointment as an advocate for the witness.  "In my opinion you should have disclosed this to the court when you had shown readiness to defend Kasab. In the circumstances, there was ample opportunity available to disclose that you have been appointed for one of the victims", the court noted.

"It will not be out of place to mention that free legal aid is not a charity on the part of the court but it confers a right on the accused under the Constitution to defend himself by a lawyer," the judge observed. "Considering the nature of the case and its magnitude, to ensure a just and fair trial to Kasab, it was necessary to appoint a lawyer who could handle the case properly," he said.

The provisions of Cr.PC mandate the court to appoint lawyer for those who are not in a position to find one due to lack of communication with relatives and friends and Kasab is one such accused, he noted.