Seventeen months after Mohammad Ajmal Amir Kasab marched through Chattrapati Shivaji Terminus train station, delivering death to those unfortunate enough to be there on that night of unprecedented terror, justice has been delivered to his victims. Judge M.L. Tahilayani deserves credit for completing proceedings in a complex and high profile case in this short time-span — no small achievement in a system where procedural delays and obstructive legal tactics often derail criminal proceedings. Prosecutors had produced an enormous mass of evidence, ranging from intercepted communications to DNA samples and eyewitness accounts: no fewer than 1,015 objects and 1,691 documents are reported to have been filed in support of their case. For their part, lawyers for the accused had fiercely contested this body of evidence. Kasab, who will be sentenced for his crime in a separate hearing, had come up with three irreconcilable accounts in his defence. Monday's judgment will not, of course, grant closure to the surviving victims, nor to the families of those who lost their lives. This is because the key conspirators, helped by a half-hearted investigation in Pakistan, are yet to face a court of law. Investigators and diplomats must now work together to ensure that those who guided Kasab's gun are also brought to justice.
Judge Tahaliyani also deserves credit for the courage he has shown in acquitting two men who were charged with crimes they had not committed. Long before news of Pakistani-American jihadist David Headley's role in helping plan the outrage emerged, this newspaper had repeatedly pointed out that the evidence against Fahim Arshad Ansari and Sabahuddin Ahmad was, at best, thin. Held months before the Mumbai carnage on charges that included preparations for an attack on the Bombay Stock Exchange, Mr. Ansari was alleged to have produced maps and sketches of the city for the Lashkar-e-Taiba's assault team. However, no material evidence was produced to support this claim, except for a hand-drawn map. Nor was the case against Mr. Ahmad persuasive. Held in Uttar Pradesh two years ago for his alleged role in a murderous attack on a Central Reserve Police Force camp in Rampur as well as in the December 2005 attack on the Indian Institute of Science in Bangalore, Mr. Ahmad was alleged to have passed on Mr. Ansari's intelligence output to the Lashkar's leadership in Pakistan. No corroborative evidence was ever produced. Monday's verdict thus is a tribute to the independence of the Indian judicial system and its ability to deliver justice dispassionately. It also offers a lesson for India in these troubled times: even the most horrific of crimes can be addressed within the four walls of our criminal justice system, without recourse to special counter-terrorism laws or emergency measures.
Keywords: Kasab, Tahilayani, 26/11 Mumbai terror attacks
I wonder how long would the supreme court deal with this celebrity.Considering the security capabilities of indian police and intelligence.The Let may as well think of coming to the rescue of its fidayeen.
The appeal petition of Kasab should not be entertained by the Honorable Supreme Court because he deserves the capital punishment.Thus even a single terrorist may at least turn out of terrorism.A permanent special task force consisting of international military forces shall be formed to take precautionary methods/modes to prevent terrorism and the modes of funding to these terrorists.
Ajmal Kasab does not have to worry about being actually put through the death penalty because our own farcical capital punishment process will save him as has been the case with Mohd Afzal, and Azhar Masood and Omar Sheikh before him. The judiciary certainly desires that justice is done but this remains only on paper because our process requires the Home Ministry to intervene and take over the matter thereafter and the HM is more concerned with safeguarding the vote bank than delivering justice. For instance, a terrorist's fatal victim obviously cannot vote but the terrorist and his kith and kin certainly can. So the convicted terrorist is asked to put in a clemency petition that the HM forwards to the President with the advisory to commute the death sentence and the President simply rubber stamps it. QED!
even though Kasab meted out just punishment he richly deserves for extinguishing innocent lives the real culprits are those who financed and masterminded the operation to kill innocent civilians of Mumbai.I hope the Intelligence community is not sleeping and prevent such tragedies do diligent work to track terrorists before they strike and kill innocent people like cowards.
Atlast India agrees that killing 166 lives brutally is NOT alright. But we must remember this is not the end. The bigger heads behind the attack are still somewhere out there planning some other atrocity. Probing into the case should not stop, and more precautions should be taken in future. Its a lesson to learn.
This judgement indeed upholds our faith in Indian judiciary. We don't know whether those two other persons were guilty or not. But justice should be delivered on the basis of evidences only. I fully appreciate judge M. L. Tahaliyani for his integrity and honour.
Due process and retribution in accordance with our constitution, while wholly laudable, will do nothing to stop those who are prepared to die for their cause. A suicide bomber can hardly be expected to desist from murder for fear of the death penalty. The verdict on Kasab may flatter our sense of fairness, but is of little value as a deterrent. That can only come from a thoroughly professional, cold-blooded, clandestine intelligence unit reporting to no one but duly elected representatives of the people; a ruthless armed force that will kill on order; and a media that will be judicious in choosing between reporting on facts and promoting national security.
Kasab was already a convict for those who saw his video footage. However, the most awaited SC's verdict has come out with a good pace and Judge Tahilyani deserves appreciation. Kasab would get the fate he deserves for his brutal role in the unprecedented terror attack but it might be that he was just a small gun. Where are the other accomplices to the crime?
Rightly said about the verdict indicting Kasab, where as acquitting the remaining two against whom the evidence produced was weak. yet on the question of the justice been done within the four walls of the justice system without resorting to special terrorism laws, dont you think that the time by which the justice has been done (the true perpetrators are yet to be brought to justice. its a pawn who has been finally indicted) has been extended too long. Having an special law for such exigencies would be expedite the process of delivering justice !
Anyways, Kudos to the Indian judicial system for delivering the justice, in a span of 2 years (which is short when compared to other cases)
The verdict is very clear,distinct and deserving for sure.
The reasons are many..there is no question of benetit of doubt to be passed on to the delinqent.Kasab was caught on red hand and was in judicial custody till the verdict is issued. All the evidences including circumstantial, documentary and eye witnesses were totally against him.
In this context, we Indians should be proud of the capabilty of our judicial system and our investigating agency.
Justice delayed is denyed. Here in this case,it is laudable that the case could be concluded with in a reasonable time , that too by issuing a 11000 pages verdict after examining lot of witnesses.
General public would not be having any sympathetical feeling because the verdict has come in the right time before vanishing the bruital act in their memory.
On May3, 2010, the editorial on “Honourable judgment” in The Hindu deserves for praise by defining the verdict as “It also offers a lesson for India in these troubled times: even the most horrific of crimes can be addressed within the four walls of our criminal justice system, without recourse to special counter-terrorism laws or emergency measures.” If these measures are adopted seriously, it would be the real solution to deal with the problem of terrorism.
It is enlightening to be able to read your newspaper. I am eager to read what the rest of the world has to say. We do not always get important news in controlled USA media.
I am sad for those who were hurt. I am happy justice has prevailed.
I, for one, don't like capital punishment in principle. God given life can be taken away by God's will only. I also believe that if there is, by any chance, a miscarriage of justice, we can't bring the hanged person back alive. Having said that, Kasab whose crime has been proved beyond doubt now is a fit case for capital punishment. It won't still bring back the people who were shot dead by him. He could be awarded a life sentence without parole, without any sentence reduction on any grounds, etc. but the way he has behaved so far, he does not seem to be the one who would repent in any way. One thing is sure, if he files any appeal against punishment, there must be a fast court to deal with it to close the case and hang him right away on priority. It is not for revenge, but justice delayed is justice denied even in this context.
The judicial system of our country deserves full credit to prove that
india is a country governed by rule of law, and even in extreme of the situations no innocent can be held guilty and no anti social element can be spared off.
It may be an honourable judgement. But will the punishment be carried out by the govt?
The Judge deserves all kudos for his fine work.However our politicians will make sure that Kasab is not hanged to death due to 'vote bank politics'.The relatives of his victims will be sorely disappointed.Our political system needs to be overhauled.
I think without local support such kind of masterplan is not going to succeed. May be Indian government is not comfortable with two Indian names in accused list. May be administration think that
proving Indians guilty , will make case against Pakistan feeble.As Ujjwal Nikam said, evidence against two Indians are not weak.
However this is great victory of Indian judicial system!!!
'... unfortunate enough to be there on that night...'? It's not only the people that were there at CST that were unfortunate. It is the Indian state that is unfortunate to have allowed a handful of people to 'wage war' on innocent civlians. Indians, as a whole are the ones who are unfortunate.
Many young people from Pakistan are still being recruited by militant groups. They join these groups not with their full consent. But to support their family financially they are forced to accept it. Hatred is induced into these tender minds and they evolve into the so called terrorist. Kasab is one of them. He is just the pawn. The people pulling the strings are still unknown to India. I personally feel sorry for Kasab. But nothing less than capital punishment does he deserve for the brutal act he committed. Infact his life is getting sacrificed while his bosses will be busy planning another attack on India using another set of Kasabs. So Indians should not be enthralled by the fact that justice is given to the victims of 26/11.
The verdict validates that there is no involvement of Indian Muslims in any attack against India and they are fully loyal to the nation.
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