Death Sentence for Ajmal Kasab

Think about the magnitude of Kasab’s involvement in crimes against India - 166 deaths and conspiracy with 10 terrorists. This culminated in 17-months of painful wait for which the Indian tax payers money was spent lavishly to ensure his security. For Indians, the Special Court’s verdict is a final sigh of relief. On May 6th, 2010, Ajmal Kasab was awarded capital punishment by a special court.

Announcing the death sentence for Kasab, Special Session Courts judge, M.L. Tahaliyani said that keeping him alive would not only be a ‘lingering danger’ for the Indian government but the society at large.

Death for Ajmal Kasab: Five Grounds for the Death Sentence

The 22 year old, Ajmal Kasab, who hails from Fardikot in Pakistan, was given death penalty under the Unlawful Activities Prevention Act. The death sentence was held on the following five grounds:

• Murder
• Conspiracy to murder
• Waging war against India
• Abetting murder
• Committing terrorist activities

Although, Kasab was sentenced to life imprisonment under the Explosive Substances Act on five other grounds that include attempt to murder and criminal conspiracy, the death sentence was pronounced as the court observed, “Kasab has no chance to reform.”

Death for Ajmal Kasab: Defense Lawyer's Arguments Rejected

The Special Session Courts Judge, Mr. Tahaliyani overruled the defense lawyer Mr. K P Pawar’s petition for a life imprisonment for Kasab. According to Mr. Pawar, Kasab was directed to commit the crime by the terror outfit LeT and was ‘blinded by religion.’ He pleaded for mercy on account of the impressionable age of the convict.

Special sessions court judge, Mr. M.L. Tahaliyani, however, rejected the statement saying that Kasab was mentally ready to carry out the attack. According to the judge, Ajmal Kasab was an active member of terror outfit LeT and had volunteered without any external influence and had pronounced himself a “mujahideen“(holy warrior).

Mr. Tahaliyani stated, “When he fired indiscriminately, it was without any regard; children and women were killed.”. The court also considered the brutality with which Indian police officers and public servants had been “assaulted, injured and killed” by Kasab along with his associate.

Mr. Nikkam said in his arguments, "Kasab is a heartless monster who is a curse to the society...He not only enjoyed killing innocent people but also expressed anger while confessing before a Magistrate that he could not execute more."

The judge quoted the incident of the Kandahar hijack wherein the government had to release arrested terrorists to rescue lives of the hostages. If Kasab is kept alive, this situation may occur again," stated the judge.

Death for Ajmal Kasab: Finally He Breaks Down

Ajmal Kasab, the unrepentant terrorist who participated in the ongoing trials without any sign of remorse or regret, broke down on hearing the court’s verdict. He is reported to have sobbed while the sentence was being read out by the judge.

During the pronouncement of the sentence, Kasab asked for a glass of water. The Special Sessions Court Judge, Mr. Tahaliyani explained the verdict in Hindi to Kasab that he was awarded capital punishment on five counts. Kasab was then asked if he had anything to say to which he simply shook his head. Later, Kasab was taken back to the Arthur Road jail by the Mumbai police.

Death for Ajmal Kasab: Execution May Take Several Years

Before Indians can sit back in relief or remorse, it is important to remember that the wait is not really over. The waiting period has just officially begun. Let’s understand this better. The judgment will be sent to the Bombay High Court for ratification under Section 366 of the Criminal Procedure Code (CrPC). Usually, the accused party challenges the orders of a lower court before the High Court. In death sentences, the orders have to be confirmed by the High Court of the concerned state.

In Kasab’s case, execution may take several years. The entire evidence and charges against Kasab will be re-examined again by the High Court and then orders will need to be either upholding the death sentence or converting it to something lesser.

If the High Court upholds the decision, Kasab can appeal before the Supreme Court. This means the Supreme Court will reexamine all the previous judgments, evidence and hear the arguments again before the final verdict is given.

In case the Supreme Court upholds the death penalty, the next legal alternative for Kasab is that he can file a mercy petition before the Indian President under Article 72 of the Constitution.

Let’s not forget that currently, there are 29 clemency petitions pending before the President and this involves important names such as Mohammad Afzal (Parliament attack case). The Union Home Minister, P Chidambaram has confirmed that each of these cases will be decided only on the basis of the number of the petitioner in the list. This means that Kasab’s execution will be delayed by several years. Till then, the Indian tax payers will continue to pay.

To sum up in Harish Agrawal’s words, “killing Kasab is like breaking the gun that he used to kill because he himself was a weapon, used by his handlers.”