Sign in. It’s quick, free and it’s up to you.
An account is an optional way to support the work we do. Find out more.
INDIA’S SUPREME COURT confirmed today the death sentence has been handed down to Mohammed Kasab, the lone surviving gunman from the 2008 Mumbai attacks in which 166 people were killed.
Pakistan-born Kasab, one of 10 gunmen who laid siege to India’s financial capital in attacks that lasted nearly three days, had appealed against the sentence claiming that he had not received a fair trial.
“We are left with no option but to award death penalty,” the two judges said in a court order. “The primary and foremost offence committed by Kasab is waging war against the government of India.”
Kasab, who is currently held in a maximum-security prison in Mumbai, was found guilty on charges including waging war, murder and terrorist acts, and was sentenced to death in May 2010.
After losing his Supreme Court petition, Kasab is expected to lodge a final appeal for clemency with new President Pranab Mukherjee, who has another 11 cases to consider.
Execution
Only one execution has taken place in India in 15 years; that of a former security guard hanged in 2004 for the rape and murder of a 14-year-old girl.
“The best possible points were put forward dispassionately on behalf of the accused,” state prosecutor Gopal Subramanium told reporters. “They have been considered and the court ultimately dismissed the appeal.”
Ujjwal Nikam, who led the case against Kasab throughout the trial process, called on the death sentence to be carried out “as soon as possible so that it gives a strong signal to terrorists.”
During the November 2008 attacks, heavily armed Islamist gunmen stormed targets in Mumbai including luxury hotels, a Jewish centre, a hospital and a bustling train station.
India blames the Pakistan-based Lashkar-e-Taiba (LeT) militant organisation for training, equipping and financing the gunmen with support from “elements” in the Pakistan military.
Kasab initially pleaded not guilty but later confessed, admitting he was one of the gunmen sent by the LeT.
Fair trial
At his trial, the prosecution produced fingerprint, DNA, eyewitness and TV footage evidence showing him opening fire and throwing grenades at Mumbai’s main railway station in the bloodiest episode of the attacks.
“I was denied a fair trial,” Kasab said in a statement when his appeal hearing began in January. “I may be guilty of killing people and carrying out a terrorist act but I am not guilty of waging war against the state.”
He said that he was denied proper legal representation and that some charges against him were not proved beyond a reasonable doubt.
Pakistan has admitted that the attacks were planned partly on its soil, but flatly denies any official involvement. It charged seven alleged plotters behind the attacks in 2009 but insists it needs more evidence to convict them.
Speaking at a conference in Tehran, Foreign Minister SM Krishna reacted to the court’s decision by saying that he was “sure Pakistan will not fail to take note of it”.
The Mumbai attacks horrified India as each development unfolded live on television, and there have been widespread public calls for Kasab’s execution.
Previous Indian presidents have often stone-walled death penalty decisions.
The last president, Pratibha Patil, tried to clear the backlog by granting clemency in 19 cases and refusing it in two.
Police today said the Supreme Court’s decision was a vindication of their work.
“The verdict… is an important milestone in our fight against terror,” Himanshu Roy, joint commissioner of the Mumbai police, told reporters.
“To capture him alive, to investigate him… to put him on trial… we have proved before the whole world that we are fair, we are judicious, we are democratic.”
The court in New Delhi also upheld the acquittals handed out in February 2011 to Faheem Ansari and Sabauddin Ahmad, who were charged by police for helping the gunmen with logistics.
To embed this post, copy the code below on your site
Did this cold blooded killer offer clemency to those innocent people he slaughtered?
Why Kasab carried out the moment of madness we will never know. Murder is murder so the court has a right to decide on his fate.
Moment of madness? It was a meticulously planned attack lasting 3 days!
We know why he did this, he had a religiously and ethnically fueled hatred of Indians, no dough he will claim that he was “Fighting for the freedom of Kashmir” to add some illusion of legitimacy to his racism/ fundamentalism and set out to murder as many Indians as possible.
I’m actually opposed to giving him the death penalty which he’ll view as martyrdom and will allow Islamist in Pakistan to turn him into a propaganda hero, also, keeping him imprisoned for life, he can be used as a bartering chip in any future peace talks/ hostage negotiations between Pakistani militants and India.
Excellent
I’m amazed how many people on this site support the death penalty. Feels like a mob mentality to me.
What has been solved by killing him?
Does it bring his victims back?
What about cases where it turns out years later there was a miscarriage of justice?
Punishing murder with state sponsored murder is wrong. Two wrongs don’t make a right.
If it was one of my family I’d be offering to do the job myself and I don’t think the miscarriage of justice card can be played here.
I agree Ian,not because of principles, but because its just pointless , its just human laziness, brush it under the carpet, kick the can down the road , whatever way you want to phrase it. It basically denies the problem and allows us to believe that it is actually a deterrent for people that are willing to do such a thing.
If every time someone did something like this and we used that person to find out how this could be prevented in the future, we may never even have to discuss the death penalty.
*I’m amazed how many people on this site support the death penalty. *
You shouldn’t be amazed. Opinion polls show most people are in favour. It’s just a lack of democracy that stops the will of the people being enacted.
*Feels like a mob mentality to me.*
A court of law handing down a sentence is the exact opposite of mob law/rule.
*What has been solved by killing him?*
Lots of things. Victims families feel better, justice is done, it’s a very serious punishment-compare with the farcical sentence Breivik got.
*Does it bring his victims back?*
No. It’s not meant to. Silly point. Furthermore when murderers are executed they can’t ever kill again. They can’t walk free and threaten their victims families etc. There’s a solid finality about it.
*What about cases where it turns out years later there was a miscarriage of justice?*
Not relevant in this case. In the US there is generally a second court appearance to confirm that the death penalty is not been lightly taken and that the murderer is definitely guilty. Most people would agree that the evidence to execute someone must be greather than the evidence just to convinct. Anyway, I am prepared to take the risk that I might be wrongly executed on the basis that it’s a good concept overall.
*Punishing murder with state sponsored murder is wrong. *
State sponsored execution is not murder, Murder is the ILLEGAL taking of someone’s life.
*Two wrongs don’t make a right.*
There’s isn’t two wrongs. There is the unbelievable evil of that man’s crime versus the correct and proper punishment of that crime. To compare the two as equal is absurd.
Finally. We all die. Murderers should just die younger because of their heinous crimes. Where’s the actual problem with the death penalty?
@ William Grogan
I disagree strongly with every single point you make as I find it wrong and ill-informed on so many levels that I couldn’t possibly go into detail on it here.
He is not psychopath or sadist,he or his terror organization wants prevail terrorism on humanity. I know even though by hanging him dead people will not come back,but this is a strong message who want carry crime against humanity. India has been suffering from act of terrorism,this the first time ever any terrorist get this punishment . As a human we should respect other humans,irrespective of race and religion.(jai hind)
have your say