‘Conspiracy hatched across border to wage war against India’
Observing that the 26/11 Mumbai terrorist attacks had shocked the collective conscience of Indian people, the Supreme Court on Wednesday confirmed the death sentence awarded to the prime accused, Ajmal Kasab, by the trial court and affirmed by the Bombay High Court, for waging war against India.
In its 398-page judgment, a Bench of Justices Aftab Alam and C.K. Prasad said: “This case has the element of conspiracy as no other case. The appellant was part of a conspiracy hatched across the border to wage war against the government of India, and lethal arms and explosives were collected with the intention of waging war against the government of India.”
The Bench rejected Kasab’s argument that he was not given a fair trial. It accepted the argument of senior counsel for Maharashtra Gopal Subramanium that he was given legal assistance right from the stage of trial, and said Kasab’s plea (that he was not given legal assistance from the beginning), by itself, would not vitiate the proceedings.
Writing the judgment, Justice Alam said: “The conspiracy was to launch a murderous attack on Mumbai, regarding it as the financial centre of the country; to kill as many Indians and foreign nationals as possible; to take Indians and foreign nationals… hostages for using them as bargaining chips in regard to the terrorists’ demands; and to try to incite communal strife and insurgency, all with the intent to weaken the country from within. In short, this is a case of terrorist attack from across the border. It has a magnitude of unprecedented enormity on all scales. The conspiracy… was as deep and large as it was vicious. The preparation and training for the execution was as thorough as the execution was ruthless. In terms of loss of life and property, and more importantly in its traumatising effect, this case stands alone, or it is at least the very rarest of rare to come before this court since the birth of the Republic. Therefore, it should also attract the rarest of rare punishments.”
Keywords: Mumbai terror attacks, 26/11, Kasab verdict, Pakistan terrorism
Don’t worry Kasab; Nothing to fear. UPA government is here to save the
people like you. They are not going to execute your death sentence.
@Saida Naik
Also, no human is into religion by birth. So, I suggest you make sure
you kids never attend madrasas (and mug the verses) till the age of 18
when they can decide on their own
The last straw for the terrorist to further delay the execution of
judgement is to go in for clemency which he will do for sure.
What other important work would be there for the President than to look
into the judgement and give his green signal for the execution. I do
not think there is any constitutional obligation to keep the file
accumulating dust, as like any other file. The sooner this fellow
gets executed it would be better for the country.
Strange pleas for saving life are aired for a person who had no qualms to take up terrorist activity and indulge in big crime ! We must ensure such culprits are put to severe punishment by cutting off their limbs and put to lot of suffering doing hard work for rest of their lives so that it sends a right message for would-be criminals ! No place for mercy for the merciless !!
If any body sees the video or pictures of Kasaab executing people with a revolver,then he/she will pass a death sentence on this murderer right away.But the system in India has taken years to pass this verdict. What next?. Is it left to the ruling politicians to recommend to the President to pass the verdict?. Then what?. How long it takes for the President to give his verdict?. I am greatly puzzled by the statements of our Foreign and Home ministers telling the Pakistan government to take note of the Supreme court verdict and reply to the Indian government. How rediculuous can this be?. Who cares what the Pakistan government reply when it has been proved beyond doubt that they are the one's who has orchestrated the whole murderous plot?.
India should make an example of this cold-blooded murderer.There is absolutely nothing in his background that serves to mitigate the horror he brought into the country. He chose to die the minute he trained himself to pick up the gun and to kill the way he did. His choice must be fulfilled. A reprieve will only betray the hundreds whose lives could not be saved by the state.
This is what going to happen now. Kasab will plea mercy petition to Mr. Pranaw Mukharji.
Being a 76 years old man, and already basking in Rashtrapati Bhavan, Mr. Mukharji will not
even look at his case for next 4 years. When time is there for elections, he will first consult
Sonia Gandhi who is his boss and depending on her decision and his health at that time (
now 80 years old) , if he has any strength in his fingers to sign and eyes to read the case
file, he will deny or approve the case.
How come Saida Naik whats that terrirst free?? R u gone mad? u should feel pain for those lost theit loved one...Hang him ASAP
Kasab should not have been allowed to go to Supreme Court. This decision to hang him should have come the moment he was caught alive at
Bombay. Then, the terrorists who might follow his foot steps, would have retraced their steps to their own country, fearing for their lives.
Hang him - No mercy, No tears. Let his last few breadths remind him of the
pain and suffering he caused to India.
pretty sure he will be hanged just before 2014 elections so that
congress gets the votes!
Justice has been done.
@ Dr RKRAO REBBAPRAGADA
I agree with your comment. There is no proof that Kasab's motivation was borne out of difficult situations except poverty.
May be wrong doers can be sent to reform schools, rather than following thier way?
There were few voices against death penalty for other cases.
Where are those voices now?
A judgement worth waiting for yrs.
Respecting the opinions of everyone, Kasab lost his right to live the
moment he started indiscriminately firing and killing people. 166
people lost their lives that day. 166 families are praying for the
moment when justice is delivered. You want to set an example for the
neighbours, shoot him in the head and let them know this is our
country and you can't just walk in and blast everything you see
without facing the consequences. It's not about being the bigger
person here. It's about justice and any person who shoots someone else
who gives him a drink of water, just because that person is not of the
perpetrator's religion(presumably laughing while doing it), does not
deserve to live.
I don't believe in taking life but if this happens that will be the happiest day in my life.
waging war aganist any country is offence, but there should be proper way to tackle such insurgencies aganist any country. death sentence is not the solution for it.
Capital Punishment should be Abolished!..
I am not saying I am innocent. I am requesting the court to deliver its
judgment immediately. Sir, please conclude my trial with this
confession. I am not acting under duress and I am confessing completely
willingly. Please record my confession- Rarest of The Rare!
Rest of terrorists who attacked Mumbai met their fate, same day after
attacking. Kasab has already got an extended life for about four years.
please don't waste time ...execute him tomorrow.
It's a shame that it took years and many many rupees of tax payer dollars to deliver this verdict. It just shows the process bottlenecks and potholes in the system that even a murderous terrorist like Kasab can hide behind..All ailing India as the greatest republic, please , don't say this to the family of people who lost their lives..If this was another civilized nation,the trial would have been expedited and justice delivered more efficiently...People who are against death penalty never get the fact that evil does exist in this world..probably they will realize this if a loved one from their family was taken away for no wrong of theirs..
Except the Creator,no one has the right to take the life of another person irrespective of the crime committed by him /her.Ours is a country of values that has given to the world great souls like Lord Buddha and Mahatma Gandhi who preached peace,non violence and more importantly,forgiveness.What do we gain by hanging Kasab?Is his death going to bring back the lives of those who perished by his heinous act? It is really surprising that a lot many are craving for the blood of Kasab!As one who is a strong votary for the abolition of the barbaric capital punishment I also plead with our President for clemency not only for Kasab but all those who are awaiting his mercy.
On the contrary,if we are bent on hanging all the murderers,we should also hang all those who have been found guilty by the courts today in the post Godhra carnage when thousands of innocent Muslims were brutally murdered and roasted in fire and also the politicos who allegedly supported the mass murders.Are we ready for it?
At least this is now going to put an end on the crappy news on facebook that Kasab is being treated like a son in law by the Indian Government!
The Congress-led UPA government is perceived to be increasingly doing many things in
recent weeks in a misguided and intensified effort to appear very very secular - read minority
vote bank building - which, for fear of criticism by very large sections of people it had pooled
for the latter half of its term. That government managed to appoint a person from its own
cabinet the President of the country, one who is known to be such a clumsy sycophant of the
Party chief. He shall do nothing whatsoever that seems even remotely likely to bring down
minority votes by even a handful. He will most certainly not turn down a mercy petition since
he owes his loyalties as a party and to the party chief, never mind even if his acts as President
will arguably mean violation of his oath of allegiance to both the letter and spirit of the
Constitution. He will likely pass on the genocidal terrorist"s petition to let it sleep with the
government forever and thus save the terrorist from Pakistan who wag
He should be hanged, and his body should be dropped in Indian Ocean like Bin Laden. Giving the remains to Pakistan will be a great mistake. They will create a monument out of it.
Will Congress government act ?
Hang the directors not the actors.
Atlast great decision taken from Indian Government
People who speak about giving kasab a second chance should realize that they
haven't lost their loved ones and where was compassion for human lives when these
so called humans were killing people irrespective of their age..grow up people..hang
him asap.
may be some day the traitor politicians too would be treated the same
way... India will start to see a bright future only then...
These are the same politicians who are giving full FDI invitations via
Pakistan, just to lure in the Muslim votes...
why no mention of what this amicus curiae Raju Ramchandran said ? Is he
not the same person who recommended to SC that Kasab's conviction was
not legal? Kasab was only a paid employee of ISI working as per
directions of Jihad. Real criminals are men inside India like this Raju
who befriends SC and provide effective logical support to jihad to
destroy united India.
The justice has been done but it took years, it should have been done with in a year or so that tax payers big chunk of money could have been saved.
Anyways Great the hear the result. Late better than Never !!
we were almost done in bringing pakistan to dock and provided evidence
that 26/11 attack plan was hatched in pakistain soil .Now the ball is in
pakistan's court. let wait for pakistan's statement amid our pm's
discussion with pakistan president asif ali zadari in non alignment
summit.Congrats to our judges especially former attorney general gopal
subramanium who made severe punitive action possible for kasab.
He is just a tool as we could see in his hand we should have enough
brave to punish whose behind of this heinous crime!
Mr.Kasab, this great India and strength of Indian Judicial system.
All criminals must be punished not only Kasab. That's the true Rule of Law. writers are emotional and patriotic in their writings. Indian state terrorism that made many victims of Kashmir, killing of civilian villagers as Maoists, IPKF and UPA regime's collaboration that massacred hundred of thousands of Tamils in Eelam. Where is the Justice? Two wrongs cannot be right! Indian armed forces made more than 200,000- East Pakistan women pregnant during the 1971 war and have these Indian criminals punished?
well, it took almost 4 yrs to come to a final verdict and I guess it
will take 2 more yrs to finally hang him. How much more biryani you want
to feed him. This is a congress, who spends 2 cr for their MP's flat,
terrorists security and boufet...
When will we be free??
as long as law exists in india, and death sentence is confirmed by S.C. as rarest of rare case, no clemency should be considered in this case! it is another matter whether, death penalty is to be abolished or not , where i support the view it sould be abolished!
Today ,we are discussing about abolition of death penalty.if this happen then what about the sentiment of relative of those innocent citizen who lost their life in killing spree of these religious fanatic.I think apex court give fair judgement while upholding the death sentence of Kasab
should kasab be hanged?ask these question to the son who has lost his mother in attack.ask these question to tukaram omble family.we will get the right answer
He should be hanged in Public.
CLEMENCY????
Are you kidding me!
Dont hang him, shoot him
Kasab shouldn't be spared any more..He shouldn't have appointed a advocate,moreover there shouldn't be any kind of clemency in giving death penalty.I do not know why this Govt is not going to take final verdict...Kasab's death penalty is inevitable..Every indian could hear the mouring echos of the victims of 26/11...we cannot equate one life with 166 lives....It's injustice to show mercy upon him...He should be sentenced to death..
I laud the judegement and he should be hanged immediately with no request to Rashtrapathi Bhaven. This should be a lesson to such criminals. India should be free from terrorism.
We will not heave a sigh of relief until he is hanged. This country has a precedent of keeping convicts awarded capital punishment on eternal 'waiting list'. Add to that the tendency of the ruling party to slow down the movement of files and documents from MHA to the President and embroil a legal verdict in procedural technicalities thanks to their perennial fear to cause disenchantment to a particular community. This verdict is welcome but not an end in itself. We need to show the world what we do with terrorists daring murderous assault on us.
Kasab! not only him.
Indian goverment should ask Kasab to give details of everyone invovled in this atrocity. India should go after all of them even if it takes more years so that every one knows that crimes committed by individuals or groups would not be tolerated.
To kill a person is normally quite painful. But, in the case of Ajmal Kasab, none can lose sight of the fact that he was part and parcel of of a group of Pakistani terrorists who had been trained and motivated to wage a war against India,kill the innocents and cause destruction. For the heinous crime committed by him, he would have been killed on the spot had it taken place in any other country. Here, he has been given food,full protection and legal assistance for his defence.Most reasonable by any standard. There has been a persistent demand from various quarters, including The Hindu, for doing away with the death sentence. Undoubtedly, it is laudable. No legislation having been passed in this regard,we have to bow to the verdict of the Supreme Court, confirming the sentence of death awarded to him by the special court and already confirmed by the Bombay High Court. Let it serve as a deterrent to other terrorists.
a good judgement after years and spent huge money for his security by Mumbai police. If its USA, he would have been killed on the spot as video cameras and eye witnesses are there for his terrorist acts. Unfortunately in India, it took six years for SC to delivery a judgement and we have to wait for another few more years to execute this statement. Pakistan must know atleast by this time to STOP producing terrorists.
It has taken a long time. the government should prioritize & execute the
punishment as soon as possible. there won't be anymore resource wastage
to protect kasab in high security prisons. good verdict by the supreme
court
But the present government headed by congress will not allow Afzal Guru
and Kasab be hanged since they cannot antagonise the minority vote bank
which put them in power for the second term.
Hopefull the other Muslims in India will not support him like they did in the case of Afsal Guru.
I quietly agree with certain people that the people like Kasab are the
product of poverty, illiteracy and the planned brainwashing. We should
show compassion to him and give him one chance to correct his mistake.
But I want to rise a question . How much change you have seen in him
in previous 4 years ? He is still not ashamed of his deed. It will
take one Buddha, one Christ and one Krishna to change his mentality.
Anybody here can claim to take his responsibility? Being a country we
can't apply the idealistic rules to anybody till the date everybody of
us is perfect.
What you guys are thinking. He will not be hanged for another 40 years!.
The Supreme Court has upheld the sentance given to this person. Now what? He can petition for a review of the case and also appeal to the President for clemency. I think that even if the case is reviewed again by the SC, its decision will stand. Will the Govt. dare to carry out the orders of the court or will it let it be in limbo as happened in the Afzal Guru case?
Judgment has been delivered only after 4 years even though there were many victims affected by the cruel attack. We don't feel happy at the judgment; we don't feel sad too. Law has taken its course. Here, we have set an example to the world. We are not hanging anybody without proper trial. I hope the Judiciary would have delivered the same judgment whoever had committed the brutal crime. Live long Democracy.
@ vipul dave
The argument that the death penalty serves as a deterrent is not supported by facts. Just have a look at nations such as the United States and China that execute individuals routinely. If vengeance is the real motive behind your insistence, go ahead and say so frankly.
To those people who have mentioned 6 long years in their comments, we
haven't even completed 4 yrs since the terrific incident (November
2008). Although 4 yrs is a long duration itself, my only point is kindly
get the facts right.
finally its a good move by the supreme court let the judgement will be
done quickly
@vipul
Those guys were prepared to give away their life when they attacked
Mumbai. I dont think hanging him would anyway send any message other
than making do more. The only message that can be rightly be sent is
the compassion for a persons life. Ironically when the courts all over
the world are considering Human Rights at the pinnacle (even our
courts made many decisions taking Human Rights into consideration and
changed many practices and laws), how is it justified in taking away
the life of a person.
Just as an onlooker & not as a victim my opinion will sound absurd but still I would like to give my opinion.
He must not be given death penalty but punished with RI & rehabilitated at the same time in the prison.He must be trained in some field in prison so that after he is released he can sustain himself.This gesture of forgiveness & accepting him as a human being in our own society will change him & attitude towards our country.In my opinion this will be the foremost punishment in his life.Great people through out history who followed non-violence & peace would suggest this as a solution.
Death penalty will not change the mind set of the terrorist.They are trained to give up their life in attacks.But tightening our internal security and many more reasons can avoid further attacks from the terrorists.Kindly don't compare death penalty as a lesson to the terrorist.
"AN EYE FOR AN EYE MAKES THE WHOLE WORLD BLIND" - MAHATMA GANDHI
But The President shall not confirm sentence
"Kasab" Should have been hanged 4 years ago.. Don't understand why Indian Government is taking so long decide on his punishment .
Just a mere waste of Time and Money !!!
It is so horrifying to know the views of people like Dr RKRAO
REBBAPRAGADA, Kartheek, Saida Naik and Ninad.
Kasab may be poor or innocent or illiterate or any kind of ill fate.
For his inability to grow or for his illness, why some 166 innocent
people should die?
What else these Academicians like Dr RKRAO REBBAPRAGADA, Kartheek,
Saida Naik, Ninad need from India? Do they want the country to forget
those poor 166 Indians who sacrificed their life for no fault of them?
One of the major problems with us, the Indians, is we tend to forget
easily even the most cruel events in life.
I wonder how these people will save their own family when a thief or
terrorist attacks their family.
Insha Allah!
waging war against republic of India is a great offence committed by a notorious terrorist like Kasab . it a great verdict of Supreme court of
India which upheld sovereignty and supremacy of the constitution of
India.It is big lesson for terrorists of all types.Thanks to public
prosecutors.
@ Dr RKRAO REBBAPRAGADA
I echo everything you say so brilliantly. I differ on only one aspect, the guy should have been executed many years ago. This will send out a strong message to the terrorists that India will not be messed with.
Hats off to the few commenters who have had the courage to swim against the tide and question the death penalty. The vast majority baying for blood should take a look at Norway's response to the massacre last year. The recent verdict was a demonstration of how seriously Norway takes its commitment to its principles, which it refused to compromise even in the face of the most horrific violence.
How can Kesab expect us to show mercy on him..... having mercilessly killed 166 innocent people whom he would not have seen or known in his life..... At last Justice has been done... though very late....
I wish a day will come when corruption will be equated with terrorism and all forms of corruption awarded death penalty. Terrorism kills a few hundred while Corruption kills the nation.
No human is cruel by birth ,only the surrounding situations and society influences them towards this.The condition which he was brought up led his way to Terrorism finally.
Poverty and thirst for money made him land in this activity.But he solely might not have done this thing as a human.He was under a covered training where he was unable to see the actual world and he was mislead. Give him a chance to correct his mistake.
mr. Kasab deserved such an extreme punishment.
I think the Judiciary must have shown some compassion for human life. I tend to agree with Mr.Rebbapragada.
Yes as a Person Kasab's life is important, but keeping in mind the life of 166 people who was killed during the incident, the trial should be fare enough, after which every Indian should they are living in safe country. The Justice delayed is Justice denied.
The incident of Kasab accentuates the fact that youngsters across the border are being brainwashed by agencies with geopolitical interests, in order to meet their sordid ends. In spite of their heinous crimes, agencies continue to train people in the so called "havens" across the border. The massacre and the carnage was blood curdling and it left a nation in mourning and almost bought it to the brink of a war. The fact that the government delayed the inevitable, gives out a wrong message to the common man by destroying their confidence in the system. The perpetuators should be bought to justice and not an ounce of clemency should be shown to them.
Please hang him. Please show us that we are "civilised" enough to punish the guilty. His crime is not against Indians but against humanity. Please set the example that we are nation with utmost respect to justice delivery.
Kasab committed a crime on a colossal scale. He was an youngster from a poor
family and the family sold him away, to the terrorist organisation.
His crime was to be born into poverty, illiteracy and in a nation whose inner bonds
are being broken down.
Pakistan is an example of a nation that betrays itself. The nation has no goal, no
purpose, and offers no future for its youngsters. It is a land of rampant corruption,
dominated by the military and the elitist feudal land lords. The toxic mixture of tribal
feudalism, religious fanaticism and misdirected adventurism keeps the country on
the brink all the time.
The original Pakistan disappeared long ago. What remains is a fragmented figment of
imagination, that wages war on itself all the time. Atrocities in India, are the only
entertainment to the masses, and aggressive postures, against India, America and
Israel instil pseudo-self confidence.
It would be a great gesture on the part of the President of India to pardon this young
man.
This decision should have been taken after the day KASAB was captured ALIVE. It took 6 long years to give out a very simple judgement . No one can intrude any country and go on a killing spree as this guy did. Happy to see the judgement coming but disappointed to see it coming sooo late
After a longtime a landmark judgement was given against the terrorism, It may help to stop such type of incidents (mumbai) again.
After a long time a landmark judgement was given by judiciary of india against the terrorism.
Kasab awarded with death sentence should be executed as soon as possible so that it gives a signal to the terrorists law takes a strict action against culprits.
This is a case of a youngster who, in association with the likes of him, had indulged in mass killings of innocent persons on a foreign soil, and was fully prepared to lay down his own life in the process. That being so, considering his life as precious to him he appealed to the Supreme Court against the death sentence awarded by the Bombay High Court. The Supreme court has rightly rejected his petition. Now he will not go to gallows but knock at the doors of the Rashtrapati Bhavan.In that event, the nation will await to see how expeditiously Mr. Pranab is going to entertain and deal with the first case of clemency petition after his ascension as President of India.
The carnage and the massacre committed by him is unpardanable and the punishment must be enforced without further delay. The Red tape and administrative delays at the judiciary and the Executive branch of the Government is shaking the confidence of a common man. The Justice delayed is Justice denied.
It took 6 years. I feel justice has been done. Hope some kind of clemency petition will not work in his favor.
Landmark judgement in the case of terrorism against the Nation.
Terrorists should not be eligible for clemency. Honourable President of India should immediately dismiss Kasab's clemency, if he applies for it, qouting "Waging war against India".
I am against killing. But death sentences are ordered by learned judges whose wisdom is unquestionable.
Can the country please execute the sentence on priority ?; and the people in the queue before him. No clemency to anyone.
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