The Supreme Court on Wednesday upheld the death sentence of 26/11 Mumbai terror attack convict Mohammed Ajmal Amir Kasab, saying that waging war against the country was the primary and foremost offence committed by the Pakistani terrorist.

A bench of justices Aftab Alam and C K Prasad dismissed the plea of 25-year-old Kasab challenging his conviction and death sentence confirmed by the Bombay High Court.

The bench rejected his contention that he was not given a free and fair trial in the case.

The bench also observed that the failure of government to provide him an advocate at the pre-trial stage did not vitiate trial court proceedings against him.

It also held that the confessional statement given by Kasab, which he retracted during trial, was very much voluntary except a very small portion.

Kasab along with nine other Pakistani terrorists had landed in south Mumbai on November 26, 2008 night after travelling from Karachi by sea and had gone on a shooting spree at various city landmarks, in which 166 people were killed.

While Kasab was captured alive, the other terrorists in his group were killed by security forces during the counter-terror operations.