Kasab Sentenced to Death on Four Counts

Bar&Bench News Network

May 06, 2010

"To be hanged by the neck till death," were the words of Judge Tahaliyani as he read out Mohammed Ajmal Amir Kasab’s verdict after each of the 4 counts. The special court in Mumbai sentenced the 26/11 terrorist to life sentences on five other counts. Kasab was sentenced to death for waging war against India, murder, conspiracy to commit murder and abetment, under Unlawful Activities Prevention Act, 1967. On May 4, he had been found guilty of murdering seven people and helping murder another 159.

Judge Tahaliyani said that this crime was one of “exceptional depravity” and rubbished the defence’s arguments that he was influenced by the Lashkar-e-Taiba (LeT). He added that Kasab was under no duress to join the LeT. "The death sentence is required," said the judge, citing that the public at large would lose faith in the court if he was awarded only a life sentence.

Kasab broke down as the sentence was being pronounced and he asked for a glass of water. After the judge explained his verdict to a sobbing Kasab in Hindi, he asked Kasab if he had anything to say to which the 21-year old only shook his head.

Special Public Prosecutor Ujjwal Nikam said he was happy with the verdict and that the verdict would satisfy the victims' families. He said that the fair and open trial in the case proved that everybody, even a dreaded terrorist would get a full and fair defence.

But this is only phase one of the proceedings. Kasab’s death sentence will have to be confirmed by the High Court under Section 366 of the Criminal Procedure Code. The Bombay High Court will review the facts of the case and the law behind it. Also Kasab’s defence will be allowed to raise arguments during the appeal process.

So in essence, Kasab still has a long way to the gallows. The chances that Kasab will go all the way to the Supreme Court is high.

In another terror trial, the Supreme Court of Pakistan has, hearing the appeal of suspected LeT terrorist Zakiur Rehman Lakhvi, sought Kasab’s confessional statement. Lakhvi’s lawyer has been arguing that Kasab’s confessional statement cannot be used against him, since it was recorded in an Indian Court.

 

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Comments(3)
  • 1. "It is very very nice judgement. This will cure the wounds who are affected in 26/11 incident. Judicial department proved that they have backbone to punish the culprit who killed more than 200 innocent Indians. The belive that supreme court also conform the special court judgement. But I have a big doubt about the central goverment. central goverment didn't excute the death of this 'ASURAN' Mohammed Ajmal Amir Kasab. like this? ". Sankarkumar. Journalist, Chennai
  • 2. "At one place pakistan government says they dont know who kasab is. But in the SC of Pakistan they want to rely on a confessional statement of Kasab against the other terrorists. Is there something called law and order there? Isnt this an apparent contradiction and shouldnt the Government be raising this with the Pakistani government to extradite other terrorists who are running sleeper cells there. ". Pakistan Gone Crazy, Delhi
  • 3. "I think torturing him is a better idea. Death sentence is an easy way out for what he has done.". Guest, Mumbai
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