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AEJAZ AHMED (Legal Consultant/Lawyer)     06 May 2010

MUMBAI ATTACKS: KASAB GETS THE DEATH PENALTY

MUMBAI ATTACKS: KASAB GETS THE DEATH PENALTY

Judge M L Tahaliyani has awarded the death sentence to Pakistani terrorist, Ajmal Amir Kasab.



Kasab was given the death penalty on four counts including waging war on India and was awarded the life sentence on five counts. The court said there was no chance of Kasab reforming. This man had lost the right of getting humanitarian benefit, the judge said.

 

As the sentence was announced, the Pakistani terrorist broke down in court and was seen in tears. He did not say anything even when the judge asked him to comment.



The judge said Kasab was a menace to society; he wanted to be a terrorist and he joined the LeT on his own account and not by any coercion. Judge Tahaliyani said there was no option but to award the death penalty to the Pakistani gunman.

 

Kasab will now set out on a long journey where legal and moral issues will be considered by authorities for years, even decades, before he is finally put to death.

Immediately after pronouncement of the death sentence judge Tahaliyani will have to send his order for confirmation to the Bombay HC. He is bound by the Section 366 of the Criminal Procedure Code to do so. In normal cases it is the convicted man who goes in appeal to the HC but where it is the case of his life being taken away, the trial court must send the case papers to the high court.

The Bombay HC will call for all the evidence and weigh it at its own discretion. It is a practice for the high court to be satisfied on the facts as well as the law of the case, that the conviction is right, before it proceeds to confirm the sentence. This could take a few months.

 

Even after the high court has given its nod to the death sentence, Kasab has the option of going in appeal to the Supreme Court. For instance last year Surinder Koli, the man whose death sentence in the Nithari case was confirmed by the Allahabad High Court, went in appeal to the Supreme Court. His petition is still pending. Similarly, Kasab's appeal too would be considered in detail by the highest court as it looks at all the arguments in favour of and against the death sentence.



Going by past record, the longest wait in execution of the death sentence will start once it is out of hands of the judiciary and into the domain of the government. After the Supreme Court too gives assent to the death sentence, Kasab will have the legal right to file a mercy petition before the President of India under article 72 of the Constitution. While this petition is pending Kasab's execution will stay suspended — maybe for decades.



The President's powers under Article 72 are always exercised with the aid and advice of the Council of Ministers. There is no time limit for how long this consultation takes place and the whole process can remain in abeyance for years. Currently mercy petitions of 32 death row convicts are pending decision with the President for over five years and the oldest mercy petition dates back to 1998.

 



Learning

 4 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     17 May 2010

The Govt. is spending nearly one crore rupees DAILY on the up-keep of  "Kasab".

 

One day, in the court,  the Media asked  KASAB : 

 

Reporter :  Do you want to say something about Indians?

 

Kasab :  Yes, now i am realising the meaning of sentence ATHITI DEVO BHAVA.

 

 

IRONICALLY,  there are more than 100,000 beggars loitering  around the streets, railway stations, Hospitals, Mandirs and Masjids,  looking around for their meals. Further there are several politicians, police-men, public-servants  and other professionals, who are struggling to make even 10,000/- per day.

 

Keep Smiling .... Hemant Agarwal

 

aatma   18 May 2010

In reality Kasab successfully achieved his mission by the help of Indian Government. 

He came with a mission that to destroy the India as much as possible.  In his first step he achieved by killing many people and damaged the economically important place. 

When he caught up by soldiers he could have committed suicide. But he did not. He is a clever. Then indian government put him in jail and treated him like a royal guest by spending crores of money. I believe this indian government  have never  spent this much money for the welfare of one single ordinary indian citizen.

So finally after spending crores for a terrorist who lost the money?  Kasab or Indian tax payer?  Who got the punishment? Who won the case? This is the second victory for Kasab.

Kasab could have killed on the spot or he could have committed suicide.  After this two years of trial what this indian government proudly achieved? - magistrate will get promotion........!!!

 

Anil Agrawal (Retired)     03 June 2010

Government is afraid of Afzal Gurus and Kasabs. Reasons?

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     30 September 2010

Kasab was not a part of terror plot, claim lawyers
(Times of India, Mumbai Edition, dated 30-09-2010,  page no. 07)

 

Mumbai: Pakistani gunman Ajmal Amir Kasab was not from the Lashkar-e-Taiba (LeT) and was not part of the 26/11 terrorist attack, his lawyers have claimed. The shoot-out at Chhatrapati Shivaji Terminus (CST) was an isolated incident, unconnected with the 26/11 terrorist strike at the Taj and Oberoi hotels and Nariman House, the appeal filed in the Bombay high court – challenging the death sentence awarded to Kasab – has said.


   “The trial judge has failed to consider that the conspiracy, which was hatched in Pakistan, was to kill a maximum number of foreigners belonging to America, Britain and Israel,” said the petition. “The confession pertaining to the conspiracy has to be disbelieved as regards Kasab’s role because the targets of CST and Malabar Hill do not have any foreigners, but poor Indian people travelling by train. Killing (local) Hindus or Muslims cannot be a part of the conspiracy,” the petition added.

(Another legal twist in the matter,  at the cost of spending Indian public Money,  BUT  very good legal defence.  Prosecution "NOW" to prove Kasab's involvement in Conspiracy to Kill Indians)


   Kasab’s petition further contended that the publication of his photographs prior to the trial had vitiated the case. The defence has also questioned the witness statements, including that of TOI photographers and CST announcer Madhukar Zende who had testified against Kasab.

(This is equivalent to Sentence before Trial.  Plea = Biased or influenced statements by Witness, due to publication of Kasab's photographs prior to trial)


   A division bench of Justice Ranjana Desai and Justice R V More admitted Kasab’s petition and has scheduled it for hearing from October 18, along with the plea to confirm the death sentence awarded to him. The judges said that they would hear the Kasab case on a day to day basis.


   On Wednesday, the prosecution and the defence were stuck in an argument over who should start the arguments. Special public prosecutor Ujwal Nikam said that the court should first take up Kasab’s appeal which means that the defence would start the arguments. Kasab’s lawyer Amin Solkar, however, insisted that the confirmation hearing of the state should be heard first, with the state commencing its arguments. The HC said that it will decide on the issue on October 8.


   Kasab is lodged in a special bomb-proof cell in the Arthur Road Jail. His movement is monitored round-theclock through CCTV cameras installed there.
   (This further means wasteful spending crores of Indian public money, being flushed down the Indian Sewage Drain)


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