A special court in Mumbai today sentenced to death Pakistani national Mohammad Ajmal Kasab for the November 26, 2008, terror attacks on the city.
Reading out the sentence, Special Judge M L Tahaliyani said keeping Kasab alive will be a “lingering danger” to society from a person who has no chance of reform. “Kasab shall be hanged by the neck until death,” Tahaliyani said. Kasab, who is 22, is the lone surviving attacker from the carnage in which 166 people were killed.
Bringing the curtains down on one of the fastest trials in a terror case in the country,
The judge sent Kasab to the gallows on five counts —mass murder, abetment of murder, waging war against India, conspiracy and terror —offences covered under the Indian Penal Code and the Unlawful Activities (Prevention) Act.
The death sentence will be subject to confirmation by the Bombay High Court. If ratified, Kasab, a foot soldier of Lashkar-e-Taiba (LeT), can also appeal against it in the Supreme Court to be followed by a mercy petition to the President.
Kasab was also handed down life sentence on an equal number of counts — attempt to murder, conspiracy to wage war, collecting arms with an intention to wage war against the nation, kidnapping in order to commit murder and causing explosion to endanger life or property.
Kasab, who wore a white kurta-pyjama, sat stoically through the proceedings in the specially created court room in the high-security Arthur Road jail, lowered his head and was seen sobbing as the judge read out the sentence.
After pronouncing the sentence, the judge asked Kasab to stand up and explained to him the verdict in Hindi.
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“The possibility of Kasab reforming is completely ruled out by the barbaric manner in which he had behaved. When the planned attack was delayed he was very anxious to attack India....There are too many aggravating circumstances and the court has no option but to impose death penalty,” the judge said.
Reacting to the verdict, Special Public Prosecutor Ujwal Nikam,said, "I am happy because my effort to bring relief to the families of those killed by terrorists has met with success.”
Kasab's lawyer K P Pawar said he would not criticise the judgment but his client has a right to appeal.
The verdict evoked instant reaction with people bursting crackers outside Chhatrapati Shivaji Terminus (CST) where Kasab was caught on camera killing people.
Justifying death penalty for Kasab, the court observed, “The life of any person who wages war against the country stands forfeited.”
The judge also said that Kasab had no remorse for his actions and hence there was no chance of rehabilitation or reformation.
He observed that Kasab was mentally prepared to attack India and had voluntarily joined LeT in Rawalpindi, Pakistan, and offered himself to be a “fidayeen” (suicide killer).
“There are no words to explain the extent of brutality ...There are no circumstances to create a balance in favour of the accused and he does not deserve lesser punishment,” judge Tahaliyani observed.
While remaining non-committal on whether he would move a superior court in appeal, Kasab's lawyer said: “I will be given an opportunity to meet him. Then I will ask him and then it (whether to file an appeal) will be decided.”