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Updated: July 29, 2011 14:54 IST

Kasab sentenced to death

Rahi Gaikwad
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File photo of Mohammed Ajmal Kasab at the Chatrapathi Sivaji Terminus railway station in Mumbai on November 26, 2008. Photo: AP/Mumbai Mirror/Sebastian D' Souza
File photo of Mohammed Ajmal Kasab at the Chatrapathi Sivaji Terminus railway station in Mumbai on November 26, 2008. Photo: AP/Mumbai Mirror/Sebastian D' Souza

Mohammad Ajmal Amir Kasab “shall be hanged by neck till he is dead.”

Pronouncing these words, the Special Sessions Court here on Thursday sentenced to death the lone surviving gunman of the November 26, 2008 Mumbai terror attacks.

Kasab was given the death penalty on five counts: murder, abetment to murder, waging war, criminal conspiracy and committing terrorist acts.

He was also awarded life imprisonment on five counts: attempt to murder in furtherance of a common intention, kidnapping and abducting in order to murder, conspiracy to wage war, collecting arms with the intention of waging war and causing explosion thus endangering life and property.

Aapko char offences ke liye sazaye maut di jaati hai. [You have been sentenced to death for four offences],' Judge M.L. Tahaliyani told Kasab after he read out the order.

“You have been given the death penalty for murdering Indian citizens, police officers, conspiring with Lashkar leaders and committing terrorist acts. The court has said while giving the judgment that you shall be hanged unto death,” Mr. Tahaliyani told Kasab. While the sentence was being read out, Kasab sat still, his face sunk deep in the cup of his palm. He listlessly waved when asked by the court to give an opinion on his sentencing. Anxiety drew him to ask for water and he had to be taken out of court. “Shukriya saab [Thank you, sir],” was all the 26/11 convict could say on his way out of the courtroom.

The court wholly accepted the prosecution's arguments for awarding the death sentence, noting that the “aggravating circumstances” fully outweighed the “mitigating circumstances.” It found that the defence could not make out a case for the lesser punishment of life.

“In my opinion, the circumstances demand that death penalty be imposed in this case. The court has no option but to impose death sentence. This man has lost the right of getting humanitarian treatment,” the court observed.

The court also referred to the Kandahar hijack incident triggered by the presence of the accused in the custody of the Government of India. Mr. Tahaliyani noted, “By keeping such a person alive there would always be a danger hanging over the government. He is a constant danger. He is a menace to society. He has no right to live.”

The Indian Penal Code Sections under which Kasab has been given death penalty are: 302 (murder), 302 read with 120 B (criminal conspiracy), 121 (waging war), 302 read with 34 (common intention) and 302 read with 109 (abetment) read with 120 B.

In addition, he has been given death for the offence punishable under Section 16 of the Unlawful Activities (Prevention) Act. For the other offences, he was awarded rigorous imprisonment, simple imprisonment and imposed with fines.

Special Public Prosecutor Ujjwal Nikam told reporters that a confirmation of the death penalty from the Bombay High Court was awaited. Kasab would continue to be housed at the high security Arthur Road jail till further orders by the government.

Why can't we come up with a creative new way of death sentencing against these type of rogues? How about getting them caned to death or stoned to death in public, in full view of TV cameras? Wouldn't a worldwide live telecast go a long way in scaring a lot of idiots who think they can take this country for granted? After all, this is war, as the court has already accepted and stated. The viewership numbers will go through the roof, for sure. Who in the world would want to miss a live show of a killing? As horrendous as it may seem, a lot of us would want to watch that.

from:  B S Kumar
Posted on: May 9, 2010 at 10:04 IST

If Kasab was convicted in country like Saudi Arabia,he would have received the capital punishment of public stoning or beheading. Only such punishments will warn extremities and their source of the cause of terrorism.

But in India , he is not even shown to the public. Why was the trial and judgement telecasted openly to the public.

Sharma ED

from:  EDSharma
Posted on: May 7, 2010 at 11:58 IST

Now the million dolor question is that when Mr. kasab will be hanged ? I really doubt whether he will be hanged at all. These doubts are lurking in my mind because our government is not at all implementing the death sentence awarded to Mr. Afjal guru so far. Our honorable Home Minister once said that what is the hurry ? He can not be hanged immediately because he is in the Q and his number is 28. In this way our great politicians are shielding him. Now Mr. Kasab will only be hanged after hanging all the 28 convicts. Mr. kasab will also submit a mercy petition to our President and our president will take his own sweet time, say another ten years as in the case of Mr. Afjal Guru. It is really waste of time and energy of whole nation where all the News channels of India are holding discussions and deliberations on the judgment of kasab’s death sentence.

from:  U. Bharath Bhushan
Posted on: May 7, 2010 at 10:21 IST

The law of the land demands death penalty for Kasab. But punishments of all types are meant to deter crime and reform the accused. It is not based on "an eye for an aye" concept. In Kasav's case the law has taken its course. We can celebrate this fact, but not the imminent death of another human being as some of us are doing.

from:  K.Vijayakumar
Posted on: May 7, 2010 at 10:05 IST

Very slow in action

from:  Shivakumar j
Posted on: May 7, 2010 at 07:44 IST

Good Judgement!

Now the arrow has been labeled to spifflicate, What about the bow What about the root cause??!!

How we are going to prevent such things in future?!

from:  Jagadeesan
Posted on: May 7, 2010 at 07:33 IST

Atlast, Kasab has received what he deserved (might be after a long period - sentence for his acts performed in 2008). However, the important question here is has everybody received what they deserved? 9 of those 'others' died on that day in 2008. But many are still at large, busy giving birth to another 'Kasab'.
There is another view - sometimes it feels that these 'Kasabs' are not the real convicts who should get these death sentences. They are just the puppets to some hands. We should get these hands, and then we might find that Kasabs are not what they currently are.
The following line would be applicable for most people (include young boys transformed into terrorists, but excluding the "masterminds"):
"It is not the people who are bad, it's their work. Separate both, and you would find that they are not bad"

from:  Manish Singh
Posted on: May 7, 2010 at 01:51 IST

Finally for now India and Our system is slowly demonstration that Our nation is not a holiday resort for terrorists and criminals. Punishment exists and its gonna be harsh. I am proud today that the wholw world got the message that we are not a nation run by fools where anyone can do what ever they want and get away scott free. Jai Hind

from:  RK
Posted on: May 7, 2010 at 01:12 IST

Nice one India.
Good on you.

from:  Stephen Hutchings England
Posted on: May 7, 2010 at 00:25 IST

this is the right decision...he should be hang til death..

from:  sangita
Posted on: May 7, 2010 at 00:01 IST

Our judiciary needs lot of support and modification in system to expedite such dreaded cases.
Judgement has come with extremly free and fair trial and in very honourable way.
The care and treatment given by Indian govt. is glaring example for whole world that till a man is proved guilty he is to be dealt as innocent human
But such anormous delay has done enough damage to country ,countrymen who suffered so many loss of human lives were left for so long to hear justice and consol.
The torture to family memebers and tremendous finacial loss to country like India where formers die for poverty and still poors die of hunger.
I will request our elected MP and MlA to take up and do something to improve such sluggish system.
Let country not suffer first by terrerists and further in investigation and trials for such long period.
In todays fast life when everything is getting fast why not this.
Let us all pray that such incident should not happen .Love and humanity should prevail

from:  S K srivastava
Posted on: May 6, 2010 at 23:59 IST

Judiciary and the agencies have done the excellent job on the Kasab’s verdict,
but the real onus will be on the government to show the honesty to expedite the verdict.

Posted on: May 6, 2010 at 23:57 IST
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