The defence counsel Khwaja Sultan and Sher Afgan Asadi told the court that Lakhvi and six other suspects could not be framed on Kasab's statements as the copies of his statement were 'uncertified and unattested'.
"The said documents are neither certified copies of the original nor can be used or proved under provisions of Sub-Article 5 of Article 89 of Qanoon-e-Shahdat (Pakistan's law of testimony)," the lawyers reportedly claim in the application submitted to anti-terror court Judge Malik Mohammad Akram Awan.
"Kasab is not being tried jointly with the petitioner and his co-accused, thereby his statement is not admissible," the application said.
Noting that the Kasab's has neither been shown in the list of the accused under trail nor in the ones not sent up for trial or are absconding, the application says, "The prosecution has not cited any witness to prove the so-called confessional statement of Kasab, not even RV Sawanth Waguly, the lady magistrate who had recorded it, and Shree B L Waghmare, chief metropolitan magistrate, who had deputed Waguly, is not cited as prosecution witness as per requirement of the relevant law."
Earlier, the lawyers had demanded that Kasab should be brought to Pakistan to face trial with the seven accused.