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Updated: August 1, 2011 15:33 IST

Kasab moves Supreme Court, challenging death penalty

J. Venkatesan
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File photo of Ajmal Kasab at the Chhatrapati Shivaji Terminus railway station in Mumbai on November 26, 2008.
AP File photo of Ajmal Kasab at the Chhatrapati Shivaji Terminus railway station in Mumbai on November 26, 2008.

Maharashtra appeals against acquittal of Ansari, Sabauddin

Gunman Ajmal Kasab has moved the Supreme Court challenging the Bombay High Court judgment confirming the death sentence slapped on him by a trial court for his role in the 26/11 Mumbai attacks.

As Kasab filed the appeal directly through jail authorities, who sent it to the Supreme Court Secretary-General, details are not known. Once the appeal against the February 21 judgment is processed and numbered by the Registry, the Supreme Court will list it for hearing.

Kasab is the only Pakistani terrorist who was caught alive, while nine accomplices were killed. The terror attack claimed 166 lives and left 238 injured.

Meanwhile, the Maharashtra government has filed appeals against the acquittal of co-accused Faheem Ansari and Sabauddin Ahmed, both Indian nationals, by the trial court. The High Court said, “The prosecution has not been able to establish beyond reasonable doubt evidence of the two being part of the conspiracy.”

‘Threat to society'

As for Kasab, the High Court said the Lashkar-e-Taiba terrorist was a threat to society, who killed seven people directly and abetted in the cold-blooded murder of others. It also held that the conspiracy for the 26/11 attack was hatched in Pakistan.

Rejecting Kasab's plea that he was only a spectator and had not killed anyone, the High Court confirmed that three senior police officers — Hemant Karkare, Ashok Kamte and Vijay Salaskar — were indeed killed by him and his associate Abu Ismail.

“Kasab displayed extreme brutality and cruelty in committing the murders of innocent people, who included women, children, aged people and policemen. The murders were committed in an extremely brutal, grotesque, diabolical, revolting or dastardly manner so as to arouse extreme indignation of the community. This indeed is the rarest of rare cases involving uncommon and unprecedented crime for which life imprisonment is inadequate,” the High Court said.

‘Scheming mind'

It dismissed the defence claim that Kasab was mentally unsound. “His mental age overrides his physical age. He has never shown any repentance or remorse, but has loudly proclaimed that he wants to create more ‘fidayeen' by setting an example with his conduct. All his actions, the manner in which he committed the crime, his cleverly trying to change his stand in the court and other attendant circumstances portray a scheming mind, and not the mind of a mentally unstable person.”

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Actually there is a need for reforms in our Judicial system. A Terrorist in no way he has been given a pardon for his wrong doings. If he was convicted he/she should be hanged till death like the countries like USA. Infact they learnt some of the laws from ours.

from:  Ashok
Posted on: Jul 29, 2011 at 17:52 IST

We, the citizens of india show more empathy. Even a terroist can challenge a dead sentence and wo show sympathy to him. shame on our part, the judicial system is weak. My humble request, don waste money feeding a terroist who killed 100s of our people.There a crores of Indians struggling for a single meal.

from:  Arun
Posted on: Jul 29, 2011 at 17:19 IST

Kasab rightly deserves death sentence for aiding in killing 166 people, including 3 police officers. Leave alone death sentence, why is he even given a chance to go till the supreme court? Also it is very sad to note that people like Kasab and Afzal Gouru are still loitering in the jail, eating the food fed by the very people who they slaughtered.

from:  Sreepada
Posted on: Jul 29, 2011 at 17:09 IST

If such cases in which thousands of people get effected ,are taking so much time then what would be happening in normal murder cases in the society.India must not show its polite face while handling such extreme cases.This will boost the courage of other terrorists.

from:  Vinod salhan
Posted on: Jul 29, 2011 at 15:41 IST

Today there is an actual need of rethinking on our judicial procedings. We Indians are becoming habitual of delays in the procedings. But this should stop somewhere. We are wasting our time, money and dignity as wel, in carrying out so long term procedings which are of no use. We should take public interest in acount. For the terrorist like Kasab there should not be any right to file an Appeal in SC. The terrorist like Afjal Guru are still alive just because Mercy Petetion is under Proceding. Today Legislation as well as Judiciary needs to reform themselve as in the matters of Death Penalties awarded to terrorist like Kasab.

from:  Vaibhav Dahiwale
Posted on: Jul 29, 2011 at 14:40 IST

Why Indians have to struggle and come out loudly to bring any change in the judicial system or any other system. The review system has to be implemented in all the areas. Nothing is perfect in this world nor our Judicial system, After every certain years judicial system has to be reviewed and the changes has to be made. It needs lot of tweaks and changes to answer the frustration of lot of Indians. There should not be any provision for people like Kasab who was caught red handed and able to appeal, he does not deserve to live,he does not deserve to appeal, He should be hanged and supreme court should give the decision to go ahead with death penalty.

from:  Raghu
Posted on: Jul 29, 2011 at 14:38 IST

Why is the government wasting in keeping Kasab alive and letting him appeal with the supreme court. Is this really needed wasting time and precious money. This money could be used to feed hundreds of needy children in India. When will the government wake up and stop this act of utter foolishness.

from:  Prashant
Posted on: Jul 29, 2011 at 14:37 IST

It is absolutely a sucess of humane side of Indian judiciary that allows even a guilty to challenge a judgement and listen his voice. I hope that the same judiciary exerts its independence and supremacy to punish all the domestic conspirators within our own country. Despite all of it that a lone farmer or a last citizen should be equally offered chance to seek his/her justice against the muscle power of authorities in myriad genres(religious/political/gangsters/rich men).

from:  Karthikeyan Elangeswaran
Posted on: Jul 29, 2011 at 14:36 IST

Whatsoever may be the inensity of crime.... I dont think death sentence is an apt one....I would probably go with this option: If Pakistan government is ready to incurr the expenses for his living it would be better to go with option of Life Imprisonment.

from:  Krishna
Posted on: Jul 29, 2011 at 14:26 IST

An appeal should be admitted only if the convicted party can show problems with the prior trial, or if new evidence has emerged. Indian courts have been very lenient in admitting appeals in general making our already stressed system even more stressed.

from:  Thomas George
Posted on: Jul 29, 2011 at 14:19 IST

I request the Authorities to change the laws in the Constitution denying the rights to Terrorists to appeal in the Higher courts.In the name of providing Justice to Innocent,Every case is moving to petition. He is enjoying the privileged status here in the Jail at the cost of Tax payer's money. We have to learn lessons from the US in saddam's and Bin Laden's execution.

from:  Vinay Gudur
Posted on: Jul 29, 2011 at 14:15 IST

It is astonishing that Kasab fighting his cases in Honourable High Courts and Supreme Courts.Who is funding him?Who is pleading in his favour?This should be stopped immediately.

from:  Saradindu Bhattacharjee
Posted on: Jul 29, 2011 at 13:53 IST

Democracy is weak. Indian democracy is the weakest.

from:  Krishnaraj
Posted on: Jul 29, 2011 at 13:46 IST

I personally am really glad that the Indian Judicial system has provision for challenging a Court's Judgement when we feel it was unjust to us. But at the same time there is no way for preventing people who are guilty as well to misuse it to their advantage and prolong the Judgement. If the government is wasting any more of our money on this guy, then it should be just a bullet in his head or a rope to hang him and the formalities to finish that off.

from:  Muthuselvan
Posted on: Jul 29, 2011 at 13:32 IST

Who in India wants him alive. Did he go thru this long regulatory system while pressing trigger of his gun and killing the innocent ones. The whole nation has witnessed the crime then what is pending with our judiciary to execute his punishment....Shame on Indian govt and Indian judiciary system.

from:  Komal
Posted on: Jul 29, 2011 at 13:23 IST

The decision is very correct, India should not waste more resources for saving the life of a person who killed so many innocent people. More over this would set an example for other terrorists who will be thinking that in India you can kill persons and live royally in jail considering the fact that a huge amount of money is wasted on Kasab.

from:  Ajay kumar
Posted on: Jul 29, 2011 at 12:35 IST

What is it that we are achieving protecting him (spending crores of rupees) and wasting valuable time of court when the brutal killing is caught on all the CCTV cameras around? This is public money that is being spent on KASAB's Security.

from:  Jeevan
Posted on: Jul 29, 2011 at 12:20 IST

Does a terrorist need to be given all these rights of appealing and all.... He should have been sentenced long ago.. We are projecting ourselves like 'stupid' among the world nations by doing all these.

from:  Shan
Posted on: Jul 29, 2011 at 12:11 IST

There is nothing surprising that Kasab has moved the Apex court challenging the trial court's verdict. He is the proverbial dying man trying to catch at the last straw, the Supreme Court. What surprises me the most is not that he was allowed to have a fair trial but the lack of enthusiasm on the part of the government to expedite the process. We are now approaching the 3rd anniversary of the 26/11 with one of its perpetrators hale and hearty, mocking at the poor family members of the victims safely relaxing in jail. His execution seems a distant possibility, if at all, given the practice of the government of sitting on mercy pleas. And Kasab knows this all too well.

from:  Mukul Kanti Dutta
Posted on: Jul 29, 2011 at 12:06 IST

I am appalled and absolutely foxed at this news. Is the common Indian's life so meaningless that even after being caught on camera a mad killer gets the right to appeal in the Supreme Court against death penalty?And it is also surprising that this coincides with the visit of the Pak Foreign Minister. After making tall claims about putting in maximum efforts to 'prevent' further acts of terror,should not Indian Politicians also walk the talk? As an Indian I feel cheated. When so many of my fellow countrymen are struggling daily, a killer like Kasab is enjoying VIP treatment and now gets to challenge the punishment he has signed up for? What message are we sending out to the terror outfits? Are we not making our image of being a soft nation more and more prominent? This is unacceptable. In US, Saddam Hussain was hanged and Osama killed on foreign soil. I just hope that the Supreme Court acts sensible and upholds the death penalty.

from:  Rajarshi Chatterjee
Posted on: Jul 29, 2011 at 11:45 IST

It seems that a foreign national (strictly speaking an enemy) is enjoying underlying privileges as fundamental rights of Constitution of India. Ironically, Indian nationals are sometimes denied the same. It happens only in India. With due respect to policemen who arrested and helped in the process, their efforts resulted in discrimination. Govt. is in peace talk with enemies our soldiers lose their lives.

from:  Arvind Patkar
Posted on: Jul 29, 2011 at 11:24 IST

Dont know how long we need to withstand this nonsense. He is clearly making fun of India and Indians. Govt should stop testing the patience of the masses. Thinking what might be going through the victims families, when they see how this murderer is enjoying...

from:  Kamal
Posted on: Jul 29, 2011 at 10:56 IST

He and his assoicates had killed somany inncent people. He was provided with high security system. Government speant 15 crore on his security. Now he has challenged. After sometime he will be freed and go back to his place. What a system we have??? In India higher officials does not have time to punish such people, only time for their own saving, corruption, bribe. etc. etc.

from:  P.S. Parameswaran
Posted on: Jul 29, 2011 at 10:30 IST

The terror attack claimed 166 lives and left 238 injured in Mumbai.The SC will have to think about that before changing kasab's sentence to imprisonment.

from:  Manmohan Soni
Posted on: Jul 29, 2011 at 10:09 IST

Why are we harboring and supportive of his plea? There is no reasoning with a man of his thought and provocation. Simply put the death sentence through, no bail, no plea and let's move on. It's going to be 3 years now since he was captured! Why is the Indian penal system having such a hard time convicting this man and putting him on death row? It's very sad to see such a situation playing out.

from:  Alexander Mathew
Posted on: Jul 29, 2011 at 09:19 IST

Even if the Supreme Court confirms the death sentence, early execution of death warrant remains a grey area. With so many undecided cases (petitions for mercy) with the President, this too will remain pending. It is time all political parties decide about the concerned Constitutional or criminal law provision and make a united effort to end delayed action on petitions for mercy by a suitable amendment to the relevant provision in the law.

from:  Narendra M Apte
Posted on: Jul 29, 2011 at 09:17 IST

Why should this pig be given a fair trail - just oull him out and shott him in his head - we will be saving the precious tax-payer's money which can be diverted to many other good work.

from:  Ram
Posted on: Jul 29, 2011 at 09:15 IST

Why should SC allow the petition to be filed in its court? The High Court has given the verdict and that's the end. In Indian justice system, litigation has its own life - endless life!! In the USA, very selective cases can be taken to the Supreme Court. There's no automatic right of appeal.

from:  kris
Posted on: Jul 29, 2011 at 09:14 IST

I would like to salute our Judiciary system wherein, innocent people are punished and terrorists like Kasab - who should have been hanged long back - are enjoying life.

from:  Venkat Iyer
Posted on: Jul 29, 2011 at 09:12 IST

Kasab can spend his life in Indian jails at the cost of every Indian. It is not a problem, even if Supreme Court dismisses his petition. He has another avenue to file a mercy petition and once it is with the president of India who is act upon the advice of the Council of Ministers, can decide on that when that Council decides considering national and international benefits or fallouts on vote bacnks domestically and need for support internationally. That never happens in one or two terms of the council of ministers. It may need at least 2 generations of political leadership of any and every party in India.

from:  Srinivas Maddali
Posted on: Jul 29, 2011 at 08:55 IST

While moving to the Supreme Court is a right - this is a mockery of the Indian judiciary. This is an open and shut case, the Supreme Court should take just 1-5 days and uphold the death penalty decision. India needs to create fast track courts for people like Kasab, every meal he eats comes from the Indian tax-payer, why should the citizens pay to preserve a person who, while lying, has not even apologized, expressed remorse or even addressed his victims?

from:  Raj
Posted on: Jul 29, 2011 at 08:21 IST

The Supreme court should not consider the appeal in Kasab's favour. It would only be fair to set an example by executing Kasab at the earliest.

from:  Shyam Sunder
Posted on: Jul 29, 2011 at 07:52 IST

We all should admire the judgement of the High court. A mechanism should be developed for the fast trial and judgement.Kasab is now moving to Supreme court. This will delay the judgement further. This is not the end.After the supreme court's decision he would make a mercy appeal to the President. The fate of the Mercy appeals is well known to us. It goes to the domain of the Govt. who plays politics and treats the case from its vote bank angle.

from:  Dr. Mohan Singh
Posted on: Jul 29, 2011 at 07:10 IST

It is really a mockery of Indian judicial system. A terrorist spending vacation in India for almost 3 years..! May be next a plane hijack will get him released. If the govt is not bold enough to do justice in a very clear and brutal case or terrorism against Indian people how can we even think of expecting the govt to think of a clean anti-corruption bill.
Our politicians are corrupt to the core and the system is in their hands forever.It is beyond any redemption.

from:  A Sharma
Posted on: Jul 29, 2011 at 07:06 IST

The inefficiency of Indian judiciary is evident here. If this is the way we run the judicial case for such an evident criminal what about other cases which the citizens are not aware of? We are wasting too much money on this criminal's lodging and security. I expected him to be hanged with in 3 months of the Mumbai massaccer. Why allow him to appeal? Terrorists dont deserve this right.

from:  Ayyappa
Posted on: Jul 29, 2011 at 06:40 IST

Ashamed to be an indian on reading this.

from:  Raj
Posted on: Jul 29, 2011 at 05:26 IST

Its a Shame... Down with this govt. for inaction. By not punishing him we are only showing the world that we are weak kneed justs like our PM

from:  Murali
Posted on: Jul 29, 2011 at 05:08 IST

Sheer waste of time and energy and resources that are limited; all due to vacillation by the Govt and Ministry; shameful act on part of all in high position in the name of tolerance and concession to minority; he should have been HANGED immediately. When will wisdom dawn on our rulers??

from:  Radhik Hairam
Posted on: Jul 29, 2011 at 04:07 IST

The judicial system and the entire country accepts the fact that on any grounds (even take insanity) what Kasab did was utterly wrong and inhuman. We are wasting the crores of rupees in protection and other necessity for this lone man. We have to remember that the day he pressed the trigger he was then only ready for his death. The good thing for us is his death then could be used as martyrdom by the terror outfits he belongs to.
This is not time to play regional or religious politics, me and my muslim and christian brothers of India all want to have the death penalty executed at the earliest - you see we don't like the government feeding and upkeeping the health of a terrorist!

from:  Sriram
Posted on: Jul 29, 2011 at 03:19 IST
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