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HC upholds death sentence for Kasab
MUMBAI - The Bombay High Court on Monday upheld the death sentence awarded by a trial court to convicted Pakistani terrorist Mohammed Ajmal Kasab for his role in the 26/11 terror attacks.
“This is indeed the rarest of the rare cases and is an uncommon and unprecedented crime,” declared the bench comprising judges Ranjana Desai and R.V. More, rejecting the defence’s plea for life imprisonment. “There is no scope for reform or rehabilitation and a harsh penalty of death is required. Kasab has never shown any signs of remorse and we also have observed that he has not shown repentance whenever he appeared on video conference.”
The 23-year-old youth heard the judgement from his cell in the high-security Arthur Road jail in central Mumbai through video conference. As happened several times in the past, he kept smiling at the camera.
The bench, in its 1,200-page judgment, noted that Kasab had not been influenced by anyone; he had voluntarily joined the Lashkar-e-Taiba (LeT), the Pakistan-based terror outfit responsible for the 26/11 attacks, and had applied his own mind while executing the crime. The judges noted that the punishment must reflect public abhorrence of the crime and the right of the victims must also be kept in mind.
“Even after according maximum weightage to the age factor, we feel that there is no alternative but to confirm the death sentence,” declared the bench.
The court also upheld the trial court’s order acquitting two Indians — Faheem Ansari and Sabauddin Ahmed — who were also charged of helping the 26/11 terrorists. The court found no corroborative evidence to prove their involvement in the attacks.
About 170 persons were killed after 10 terrorists sailed into a fishing village in south Mumbai from Karachi on the night of November 26, 2008, and launched attacks at the busy CST railway station, the Taj Mahal and Trident-Oberoi hotels, and a popular eatery and a Jewish centre in Colaba.
Kasab, the sole survivor, was caught by a police patrol near Chowpatty, as he was escaping in a car after killing three top police officers. His associate was killed on the spot. The eight other terrorists were killed by commandos of the National Security Guards over the following two days at the Taj Mahal and Trident hotels and the Jewish centre.
Last May, a special court — which held the trial inside the jail — found Kasab guilty of waging a war against the nation and sentenced him to death. Capital punishments awarded by lower courts have to be endorsed by a high court in India. On Monday, the high court told Kasab that he could go in appeal to the Supreme Court within 30 days.
Even after the apex court upholds the sentence, Kasab has the opportunity to appeal to the Indian President.
Kasab’s court-appointed lawyer said that he would be advised to appeal to the Supreme Court. However, public opinion in India is building up for a quick execution of the terrorist as the legal hurdles have been overcome and especially as the government is spending millions of rupees on his security every month.
Many relatives of the 26/11 attacks have been pressing for a quick hearing of the case. In fact, the Bombay high court itself conducted daily hearings; the court took up he case in October and delivered the sentence within about four months.
But Farhana Shah, Kasab’s lawyer, was critical of the speed of the entire case and said that the defence did not have the time to put forward its arguments.
Ujjwal Nikam, the special prosecutor, described it as a historic verdict. “We had told the court that he had no remorse and his conduct inside the jail was like a devil,” Nikam told reporters. “The court has taken cognizance of this.”
Maharashtra Chief Minister Prithviraj Chavan described the judgment as “the triumph of the Indian judicial system,” and said it reflected the country’s democratic principles which ensured a free and fair trial in such an emotive case. As for the acquittal of the two Indians, Chavan said the government would go in appeal to the Supreme Court.
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