Kasab awaits sentence, prosecution demands death penalty

The fate of Pakistani gunman Ajmal Kasab, who shot dead 166 people along with his associates in November 2008, would be decided on Thursday by a special court which will consider imposing either life imprisonment or the death penalty.

Kasab has been found guilty of 80 charges under various acts including 'waging war against the nation' and mass murders, for which the minimum punishment prescribed in law is life imprisonment and the maximum death penalty.

The prosecution, led by Ujjwal Nikam, has demanded capital punishment for the convicted terrorist while defence lawyer K.P. Pawar has pleaded for life imprisonment on the grounds that he was blinded by religion and should be given a chance to reform.

The verdict is expected to be pronounced at 12:30 hours by Special Judge M.L. Tahaliyani, who conducted the trial of Kasab for nearly a year in the high security central prison at Arthur Road in Central Mumbai.

Unprecedented security measures have been undertaken in and around the central prison. Large numbers of police have been deployed all along the Sane Guruji Marg where the jail is located. A total of 200 Indo-Tibetan Border Security guards have been entrusted the task of Kasab's security in the prison.

If Kasab gets the death penalty, the verdict will be referred to the Bombay High Court for confirmation. Kasab also has a right to appeal against the verdict in the High Court.

The government may also consider filing an appeal in the High Court against the order of the trial court acquitting two Indians, Faheem Ansari and Sabauddin Ahmed, who were also tried along with Kasab for participating in conspiracy by conducting recee of 26/11 targets and giving hand drawn maps of these places to LeT which executed the attacks.

The high court may hear all these matters simultaneously. If the ruling goes against Kasab, he will still have a right to move the Supreme Court. If he is not satisfied with the apex court's decision, Kasab can file a mercy petition before the President.

All these procedures would take quite some time and Kasab would have to wait patiently for the verdicts in the higher courts.

Since his arrest on November 27, 2008, Kasab has been kept in solitary confinement in central prison in a specially made bomb and bullet-proof cell.

So far none of his relatives from Pakistan have tried to contact Kasab or the Indian authorities. He has also not expressed his desire to meet his relatives.

Kasab had approached the court midway during the trial pleading that he would prefer a lawyer from Pakistan to defend him. The court, however, told him that his request has been forwarded to the Pakistan authorities and India has not yet received any response from the neighbouring country.

Prosecutor Nikam, cited nine Supreme Court judgements to show that this case fell within the purview of the 'rarest of the rare' ratio laid down by the apex court to award the death penalty.

"If we do not give him death, then India will be perceived as a soft target by terrorist organisations and they will continue to target us," Nikam argued before the court on Tuesday.

Reading out Kasab's confession, Nikam said he deserved no mercy and added that "he was a blood thirsty maniac who felt unhappy when he saw at Chattrapati Shivaji Terminus that there were not enough people to kill."

Most of the victims were helpless and unarmed and Kasab mercilessly shot them dead. He and slain terrorist Abu Ismail had directly killed 72 persons by using their AK 47 rifles and planting RDX in two taxis.

Among the victims were eight women and seven children.

Kasab was also responsible for the death of other victims who were shot dead by his associates, Nikam said.

The convicted terrorist was a monster in human form and enjoyed the act of killing people. This is clear from his face captured in the photographs shot by two media cameraman, Nikam said.

However, Kasab's lawyer K.P. Pawar said that his client was young and had been brainwashed by LeT.

Kasab had been shown films about Kashmir and Godhra riots and he was "blinded by religion while committing terrorists acts," the lawyer said.

Pawar argued that Kasab should be given a chance to reform.