Thursday, May 6, 2010

Kasab sentenced to death by special court

Pakistani gunman Ajmal Amir Kasab was sentenced to death on Thursday by a special court for the Mumbai terror attacks, three days after he was pronounced guilty of mass murder and waging war against the Indian state.

The special anti-terror court of M.L. Tahaliyani handed death to Kasab, the lone surviving 26/11 gunman, a year after the trial in the brazen attacks commenced.

Kasab was given the death penalty on five counts including waging war against the nation, murder, criminal conspiracy and committing terror activities.

Asserting that Kasab’s role in the attacks that traumatised the nation fell under the rarest of rare category for giving death sentence, Public prosecutor Ujjwal Nikam had on Tuesday branded him as “a Pakistani killing machine” and a “heartless monster” who revelled in seeing innocent people dying in pain.

Kasab breaks down in court

Kasab, who hails from Fardikot in Pakistan, broke down after hearing the sentence.

As special judge M.L. Tahilyani was reading out the sentence, Kasab was seen sobbing. He asked for a glass of water during the pronouncement.

After the sentence was read out, the Judge explained to him in Hindi that he had been given death penalty on five counts and whether he wanted to say anything.

But the Pakistani gunman simply shook his head after which he was taken away by the police back to the Arthur Road jail.

The court had on May 3 held Kasab guilty under various sections of IPC, Arms Act, Explosives Substances Act, Explosives Act, Prevention of Damage to Public Property Act, Unlawful Activities Prevention Act, Customs Act and Foreigners Act.

Prosecution demands the death penalty

Making a strong pitch for capital punishment, Nikam had warned if he was awarded any less severe penalty, “India will become a soft target for every self-styled terror group“.

“There has been a high degree of cruelty and Kasab had total disregard for life. Kasab is a killing machine manufactured in Pakistan,” he had said.

Nikam had said Kasab had “lost the right to live” while defence counsel K.P. Pawar cited Kasab’s young age and pleaded for leniency. He contended that Kasab was “blinded by religion and should be given a chance to reform“.

Nikam had claimed that Kasab was in a “joyous” mood seeing people dying in pain and agony after opening indiscriminate fire at the bustling Chhatrapati Shivaji Terminus and elsewhere during the attacks.

“There was no remorse and he said in his confession before the magistrate that he wanted to inspire future fidayeens (suicide killers).

“If death is not awarded, it would be a mockery of justice,” Nikam had argued.

According to the prosecution, Kasab had expressed disappointment that he had landed at the CST after the rush hour. Kasab had anticipated a busier station, based on CDs he had been shown of CST before the attack.

The prosecution had also said that in his confession to the Mumbai police, Kasab had stated that he was upset that he could not kill more people at the station. At CST alone, Kasab killed close to 60 people in an hour with his partner, Abu Ismael.

Role of Pakistan

In his 1522-page verdict, the judge had also held that evidence adduced by the prosecution pointed a finger at Pakistan and established that the absconding accused, including LeT founder Hafiz Saeed and chief of operations Zaki-Ur-Rehman Lakhvi had plotted the attacks.

Barring a few minor charges pertaining to forgery and Unlawful Activities Prevention Act, Kasab was convicted of almost all 86 charges he was arraigned for.

The terrorist’s lawyer’s contention that the militancy in Kashmir and the Godhra riots had impacted a young and impressionable Kasab, who was emotionally disturbed, and his impassioned plea for leniency, failed to cut ice with the judge.

The court had acquitted two alleged Indian collaborators-Faheem Ansari and Sabauddin Ahmed-of the charge of conspiracy, saying there was lack of evidence against them.

The duo was charged with having prepared maps of terror targets and handed them over to the Lashkar-e-Taiba for execution of their sinister mission.

Ten terrorists from Pakistan had landed on the placid shores of Mumbai near Badhwar Park on the night of November 26, 2009 on a “Fidayeen” (suicide) mission to mount an attack unparallelled in audacity in virulence.

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