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Updated: February 16, 2012 01:04 IST

Kasab given fair trial, says Maharashtra

  • Legal Correspondent
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This November 26, 2008 photo shows Ajmal Kasab at the CST railway station in Mumbai. Kasab has appealed to the Supreme Court to commute his death sentence.
This November 26, 2008 photo shows Ajmal Kasab at the CST railway station in Mumbai. Kasab has appealed to the Supreme Court to commute his death sentence.

The Maharashtra government on Wednesday told the Supreme Court that Ajmal Kasab was given a fair trial to defend himself in the Mumbai 26/11 terror attack case. Amicus curiae Raju Ramachandran, appearing for the lone surviving gunman, had alleged that he was not given a fair trial.

Senior counsel Gopal Subramaniam, appearing for Maharashtra, also refuted Kasab's allegation that he was tortured or maltreated and said, “There has been no violation of his constitutional rights.”

Counsel told a Bench of Justices Aftab Alam and C.K. Prasad that the arrest of Kasab proved crucial as he disclosed that the conspiracy was hatched in his country, Pakistan. “Had Kasab not been caught alive, it would not have been possible to know that outsiders were involved in the mayhem, and confusion would have percolated that it was done by insiders.”

Counsel said that among the 10 terrorists involved in the attacks, it was Kasab who caused the first casualty, killing the navigator of the Indian boat, Kuber, used by them on way to reach Mumbai. “Kasab, who was apprehended at Chawpathi the same night [November 26, 2008] made a disclosure that he beheaded the navigator.”

Mr. Subramaniam produced evidence to drive home the point that the death sentence awarded to Kasab was justified as the crime he committed was heinous and barbaric.

He argued that Kasab and the other terrorists involved in 26/11 were members of the banned terrorist organisation, the Lashkar-e-Taiba, which hatched the conspiracy to attack the financial capital of India. In fact, Kasab had rubbed shoulders with its top leadership and masterminds including Hafiz Muhammad Saeed and Zaki-ur-Rehman Lakhvi. The 26/11 attacks were intended to be portrayed as attacks by Indian Muslims in order to provoke unrest in the country, counsel said.

On Monday, the amicus curiae said Kasab was not part of the larger conspiracy hatched to wage war against India, and pleaded for a lenient approach to him.

Arguments will continue on Thursday.

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The case has numbers of witnesses but just on the name of faie trial, Kasab has been given so much time. As in this case and other high profile cases viz. Rajive Gandhi murder case, Parliament attack case etc. time taken by judiciary for verdict and waiting period for execution, if it is indicating that the process is too lengthy and combined failure of executives as well as judiciary system?

Posted on: Feb 15, 2012 at 19:53 IST

The trial of Kasab by judiciary appears to be the trial of judiciary by
the public at large. The credibility of the judiciary in public will
depend a lot on the verdict of this trial.

from:  Subhankar Basu
Posted on: Feb 15, 2012 at 15:59 IST

"The Supreme Court had on October 10, 2011 stayed the death sentence of Kasab, the lone surviving terrorist involved in the November 2008 Mumbai attacks."----- dont teach us constitution, dont teach us the implications of the judicial process, dont teach us silly stories of indian highness(atithi devo bhav)--- if supreme court is such a big power in india that it can direct PM,CBI any state govt then the court can decide on an early date of death penalty of kasab. thats what india wants. everybody is running after corruption.... politics.... vote.... no one sees security to be the most imp. just lighting up lamps every year on the misfortunate date will not be going to stop these extremists. Shame on supreme court in a country claiming itself to be the largest democracy in the world.

from:  aditya godha
Posted on: Feb 15, 2012 at 14:45 IST
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