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Updated: February 22, 2011 00:24 IST

Kasab waged war against India: court

Staff Reporter
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Public prosecutor Ujjwal Nikam shows a victory sign outside the Bombay High Court after the verdict on Kasab on Monday. Photo: Vivek Bendre
The Hindu Public prosecutor Ujjwal Nikam shows a victory sign outside the Bombay High Court after the verdict on Kasab on Monday. Photo: Vivek Bendre

Unrepentant gunman is a threat to society, says judge

Among the several charges against the 26/11 gunman, Mohammad Ajmal Amir Kasab, the most serious was his waging a war against the Indian government, “whose stability is most essential and crucial for the very existence of democratic India,” the Bombay High Court said on Monday.

Upholding his death sentence, Justice Ranjana Desai said: “Perhaps the weightiest aggravating circumstance is that Kasab waged a war against the Government of India pursuant to a conspiracy which was hatched in Pakistan, the object of which was to inter alia destabilise the Government of India and to weaken India's economic might.”

The court said: “He indulged in mindless killings of innocent people with a view to overawing the Government of India and achieving cessation of a part of Indian territory. There was an attempt to create ill will and disaffection among different religions of India so as to damage its secular fabric. Waging war is a serious crime which calls for deterrent punishment.”

The order said: “[Kasab and co-conspirators] challenged the Indian Army and the State Police. Kasab targeted the CST [Chhatrapati Shivaji Terminus] which is under the command of the Central government. Kasab challenged the sovereign authority of the Republic of India which offence calls for the severest punishment.”

In view of “the magnitude of attack, indicative of the preplanning,” the court called Kasab “a threat to society.”

Citing individual instances of killings, the order makes several references to Kasab's “perverse” nature of taking “devious pleasure” in killing innocent people, including patients at the Cama hospital.

The gunman was “individually responsible” for seven murders. He committed over 66 murders in accordance with a common intention with his deceased partner Abu Ismail. And, Kasab abetted in the rest of the murders by being part of a conspiracy. The attacks claimed 166 lives.

Justice Desai, reading from the order, said it was “impossible to say that he was misguided by the LeT [Lashkar-e-Taiba]” and “used by the handlers as a tool.” As he voluntarily joined the terror outfit, decided to train for jihad and expressed his wish to carry out the 26/11 mission, “he knew the consequences of his actions.”

Scheming mind

The court rejected the defence contention that Kasab was mentally unstable. “He did not appear to be repentant at all. He was perfectly sane … All his actions ... portray a scheming mind and not a mind of a mentally unstable person.”

Referring to the Supreme Court's observations that the punishment should befit the crime, the court rejected the argument that the death penalty would make a martyr of Kasab.

“In some cases, the harsh penalty of death is necessary to warn those who may want to take a similar path ... Soft handling of a crime like this will erode the public confidence in the efficacy of law,” it observed.

Kasab's crime was of a magnitude “for which the sentence of life imprisonment is inadequate. We feel that we would never be as confident as we are today in confirming the death sentence,” Justice Desai said.

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According to me before Death penalty, Kasab should be penalised in such a way that he repents his actions before he dies.This would be the actual victory for Indian citizens and relatives of the victimized.Also it would send signals across the border of what a fictitious and illusionary life these terrorists are leading.

from:  Summi
Posted on: Feb 22, 2011 at 10:00 IST

Do not show any clemency towards Kasab. He should be given capital punishment for his brutal killings of 166 innocent people including the patients of Cama hospital. His activities are actually barbaric.

from:  Balachandra prabhu .A
Posted on: Feb 22, 2011 at 08:18 IST

It is yet to be seen if Kasab finally gets hanged or not. According to our laws, he should be hanged only after the 29 culprits who are in queue before him. So , should he be hanged before them considering the level of crime he has done! Otherwise, there is a high probability that he is going to die of natural death rather than death punishment, given the amount of time each case takes. The assassins of Indira Gandhi are perhaps at the 18th and 19th position. That shows how many death sentences are practically carried out !

from:  Ankit
Posted on: Feb 22, 2011 at 01:25 IST
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