THE ONLY GUNMAN TO HAVE survived the Mumbai terror attacks in 2008 has begun an appeal against his death sentence at the Bombay High Court.

Mohammaed Ajmal Kasab, 23, was sentenced to death in May for the attacks which killed 166 people.

He was convicted of waging war on India, murder, attempted murder, and terrorist offences.

Due to security concerns, Kasab will appear via video link. He is currently being held in a special bomb- and bullet-proof cell.

NDTV reports that Kasab was shown on the courtroom screen this morning smiling and yawning, and said that during his earlier trial, Kasab “had giggled” at different times during the hearings.

The appeal process could take several months, according to AFP, and if unsuccessful in Bombay, Kasab could later appeal to India’s Supreme Court and to India’s president.

The Bombay court is also due to hear a prosecution appeal against the acquittal of Sabauddin Ahmend and Faheem Ansari, two Indian men who were accused of providing logistical support to the terrorists.

At the weekend, the New York Times published a report claiming that US authorities had been forewarned about the 2008 attacks by two wives of the man convicted in the US of helping to plan the event.