Supreme Court affirms Bombay HC decision on Ajmal Kasabs death penalty Download Judgment

A Division Bench of the Apex Court comprising of Justices Aftab Alam and C.K. Prasad has upheld the death sentence awarded to Ajmal Kasab. Kasab was one of the terrorists involved in the 26/11 Mumbai attacks. Confirming the death sentence, the Court stated that Kasab’s primary and foremost offence was waging war against India..A Division Bench of the Apex Court comprising of Justices Aftab Alam and C.K. Prasad has upheld the death sentence awarded to Ajmal Kasab. Kasab was one of the terrorists involved in the 26/11 Mumbai attacks. Confirming the death sentence, the Court stated that Kasab’s primary and foremost offence was waging war against India. The Court said, “We are constrained and left with no option but to uphold the death sentence of Kasab”..Kasab was the lone survivor in the group of terrorists involved in the Mumbai attacks that shocked the nation. The death sentence had been imposed by the Trial Court Judge Madan Laxmandas Tahaliyani, a decision which was upheld by the Bombay High Court. Kasab then filed a Special Leave Petition against the decision of the Bombay High Court. It is in this petition that the Apex Court has passed its judgement. ..The apex court that had conducted a marathon hearing in the case spanning over two and a half month had reserved its verdict in the case on April 25..Firstpost reports, the Apex Court said today, “Waging war against the country is the primary and foremost offence committed by Kasab and not providing counsel to Kasab by government at pre-trial stage does not vitiate his trial in the case. Confessional statement of Kasab was very much voluntary”..Senior counsel Raju Ramachandran was appointed by the Apex Court as amicus curiae to defend Kasab. Ramachandran had argued that the Trial Court did not follow the due process of law while convicting Kasab. It was argued that Kasab’s right to be represented by a lawyer was violated by the Maharashtra government and even though the Pakistani terrorist was found guilty of killing people, he could not be held guilty of waging a war against India..However, the Supreme Court dismissed these arguments and upheld the death sentence..IBN Live reports, Special Public prosecutor Gopal Subramaniam appreciated that the case was handled very well and said that India should feel proud. “The Supreme Court today dismissed appeal of Ajmal Kasab. The evidence was placed before the Apex Court by both the parties and the Court had the chance to appreciate evidence from both parties. India must feel proud that it is democracy and every accused gets to represent his case.”.Media reports indicate that Kasab will be filing a Mercy Petition before the President of India. Kasab can also file a Review Petition before the Apex Court itself and then a Curative Petition if the Review Petition is dismissed. The Mercy Petition will be the final source of relief for him, if any..The Supreme Court also upheld the acquittal of two Indian accused Fahim Ansari and Sabahuddin Ahmed.