Pakistani gunman Ajmal Amir Kasab was sentenced to death on Thursday for the Mumbai terror attacks by a special court, which said that keeping such a terrorist alive will be a “lingering danger” to the society and the Indian government.
The special anti-terror court of M.L. Tahaliyani pronounced capital punishment for the 22-year-old terrorist on five counts of murder, conspiracy to murder, waging war against the country, abetting murder and committing terrorist activities under the Unlawful Activities Prevention Act. 166 people were killed in the carnage.
Kasab was also awarded life imprisonment on five other counts including attempt to murder, criminal conspiracy and under the Explosive Substances Act.
“In the court’s opinion, Kasab has no chance to reform. Keeping such a terrorist alive will be a lingering danger to the society and the Indian government,” Justice Tahaliyani said while pronouncing his verdict, three days after he convicted him for the massacre.
The judge cited the example of the Kandahar hijack case in which arrested terrorists were swapped for the passengers held hostage. “If Kasab is kept alive, this situation may occur again,” he said.
The judge said Kasab had joined terror outfit LeT voluntarily and offered himself to be a “mujahideen“(holy warrior).
Kasab, who hails from Fardikot in Pakistan, broke down after hearing the sentence.
As the judge 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, Tahaliyani 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.
Stating that Kasab was mentally prepared to attack India, the judge rejected defence lawyer K.P. Pawar’s argument that he had acted on the directions of LeT founder Hafiz Sayeed.
Branding the terrorist as a “killing machine manufactured in Pakistan”, special public prosecutor Ujjwal Nikam had on Tuesday sought nothing less than death for Kasab, saying the case fell within “the rarest of rare” category.
The plea of Mr. Pawar, who while admitting that his client was “blinded by religion” sought leniency for the terrorist given his young age, failed to convince the judge.
Describing Kasab as “killing machine” and a “heartless monster”, Mr. Nikam had argued, “such machines are manufactured in Pakistan and if he is not sent to the gallows he would turn into a blood thirsty wild animal.
“Kasab is a heartless monster who is a curse to the society...He not only enjoyed killing innocent people but also expressed anger while confessing before a Magistrate that he could not execute more,” he had said in his arguments on the quantum of sentence for the convicted terrorist.
Mr. Pawar, however, pleaded that given his young age and no previous criminal record, Kasab be given a chance to be reformed and rehabilitated.
“The militancy in Kashmir and Godhra riots had an impact on the mind of young Kasab who was emotionally disturbed and blinded by religion," Mr. Pawar had said.
Showing posts with label Ujjwal Nikam. Show all posts
Showing posts with label Ujjwal Nikam. Show all posts
Thursday, May 6, 2010
I am happy, says Nikam
“I am happy with the judgement,” Special Public Prosecutor Ujjwal Nikam declared Thursday, after Pakistani national Ajmal Amir Kasab was sentenced to death in the 26/11 case.
“This case was a challenge to us,” Nikam told reporters, adding that capital punishment would help heal the wounds of the victims of the 2008 terror attack on Mumbai by Pakistani terrorists.
“This case was a challenge to us,” Nikam told reporters, adding that capital punishment would help heal the wounds of the victims of the 2008 terror attack on Mumbai by Pakistani terrorists.
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.
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.
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.
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.
