Posted on 05/06/2010 1:39:32 AM PDT by James C. Bennett
Judge M L Tahaliyani has awarded the death sentence to Pakistani terrorist, Ajmal Amir Kasab. The judge felt Kasab’s crime fell under the judicial definition of "rarest of rare" and death by hanging was well deserved.
Kasab was given the death penalty on four counts. The court said there was no chance of Kasab reforming.
Kasab will now set out on a long journey where legal and moral issues will be considered by authorities for years, even decades, before he is finally put to death.
Immediately after pronouncement of the death sentence judge Tahaliyani will have to send his order for confirmation to the Bombay HC. He is bound by the Section 366 of the Criminal Procedure Code to do so. In normal cases it is the convicted man who goes in appeal to the HC but where it is the case of his life being taken away, the trial court must send the case papers to the high court.
The Bombay HC will call for all the evidence and weigh it at its own discretion. It is a practice for the high court to be satisfied on the facts as well as the law of the case, that the conviction is right, before it proceeds to confirm the sentence. This could take a few months.
Even after the high court has given its nod to the death sentence, Kasab has the option of going in appeal to the Supreme Court. For instance last year Surinder Koli, the man whose death sentence in the Nithari case was confirmed by the Allahabad High Court, went in appeal to the Supreme Court. His petition is still pending. Similarly, Kasab's appeal too would be considered in detail by the highest court as it looks at all the arguments in favour of and against the death sentence.
Going by past record, the longest wait in execution of the death sentence will start once it is out of hands of the judiciary and into the domain of the government. After the Supreme Court too gives assent to the death sentence, Kasab will have the legal right to file a mercy petition before the President of India under article 72 of the Constitution. While this petition is pending Kasab's execution will stay suspended — maybe for decades.
The President's powers under Article 72 are always exercised with the aid and advice of the Council of Ministers. There is no time limit for how long this consultation takes place and the whole process can remain in abeyance for years. Currently mercy petitions of 32 death row convicts are pending decision with the President for over five years and the oldest mercy petition dates back to 1998.
Ping!
That’s right. Kasab will die by the noose. (neck cracks)
Good riddance to bad rubbish!
Don’t muslims condone stoning?
Only if they are doing the sentencing part...
What about the mobs that carry out the stoning?
After the Supreme Court too gives assent to the death sentence, Kasab will have the legal right to file a mercy petition before the President of India under article 72 of the Constitution. While this petition is pending Kasab's execution will stay suspended — maybe for decades.
Sounds sorta like our Federal "Death Row".
When the wheels of justice grind that slowly, it could perhaps be more efficient just to sentence these guys to an Old Folks Home.
They might die quicker that way.
Effin’ stuff his mouth with bacon and bury him in a pig farm. Do this before he’s dropped.
Does this mean he could die of old age in prison?
Yeah, but the guys hanging him arent muslims.
Kasab’s actions amount to ‘waging war against nation’
http://www.dnaindia.com/mumbai/report_kasab-s-actions-amount-to-waging-war-against-nation_1378734
Mumbai: Holding that a war-like situation was created by the 10 Pakistani gunmen, including Mohammed Ajmal Amir Kasab, who attacked the city on November 26, 2008, the special court held Kasab guilty for waging war against the State.
The judge came to this conclusion after going through Kasab’s confession, in which he has spoken about his training; the reason he came to Mumbai; the planning and acquisition of arms, ammunition, explosives; hijacking the trawler MV Kuber; purchase of telephones and GPS devices; and the student identity cards forged to conceal their identities.
“I have given a finding that this planning cannot be made by normal criminals. This was a preparation made for a war,” said special judge ML Tahaliyani.
The court also took into consideration the fact that extra government forces like the National Security Gaurds (NSG), Marcos commandos had to be called to fight the terrorists.
“The resistance put up by the accused is indicative of the determination to fight the war,” the judge opined. The court considered the talk between a Pakistani gunman, Fahadullah, after his accomplice, Abdul Rehman Bada, was killed by the NSG commandos at Oberoi Hotel.
“He was cornered form all sides but he received instructions to fight till death,” said judge Tahaliyani.
Fahadullah handlers had tried to motivate him by saying: “Mere veer, sabar karna hai. Himmat karni hain, aur muqabla karna hain datke (My brother, you have to be patient. Have courage and carry on fighting.”
The court also found Kasab guilty under Section 122 of the Indian Penal Code that deals with collecting arms, ammunition with the intention of waging war against the nation.
“It appears from his confession that such people are regularly recruited in Pakistan,” the judge said, adding that a foreigner can be held guilty under the offence.
Kasab breaks down after death sentence
IANS, May 6, 2010, 03.10pm IST
MUMBAI: Pakistani terrorist Ajmal Amir Kasab broke down Thursday in the court room after he was sentenced to death for the Mumbai terror attack. But the public prosecutor called it “crocodile tears”.
The 23-year-old from Pakistan’s Punjab province was seen crying as he was led back to the court room after stepping out briefly with the judge’s consent to drink water.
Walking slowly, he wiped his tears before returning to the dock where he sat down, his head bowed.
Kasab, the only one of 10 Pakistani terrorists taken alive after the November 2008 slaughter in Mumbai, looked downcast during his stay in the court at the Arthur Road prison.
At times, he sat with his right hand covering his mouth.
At one point, special judge M.L. Tahaliyani asked the defence lawyer if Kasab wanted to say something. When the question was posed to him, Kasab just shook his head. He looked irritated and again sat down.
The judge then spoke directly to the prisoner in Hindi: “Do you want to say something?”
Kasab looked at the judge blankly, shook his head and sat down.
Speaking later, Special Public Prosecutor Ujjwal Nikam said: “Those were crocodile tears.” Nikam went on to recite a Sanskrit verse to mean that no matter how much milk is given to a snake, it will always spew venom.
Import some muslims returning from the Hajj where they got a lot of spring training at stone throwing.
Much too fast.
after days of torture....
Why do they even bother to have a death penalty?
One court weighs the evidence, then the next court up weighs the evidence, then the next court up weighs the evidence....then it's Allah's turn, I guess.
Leni
Under sharia law the stones would probably be considered too large.
hmmm interesting, Our attackers most likely will get time served and some jobless benefits, if this incompetent administration is still in power when he gets trial.
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