Hindustan Times
Let judiciary decide on Kasab
I was not surprised but appalled by the statements made by the Law Minister M.Veerappa Moily and Union Home Secretary GK Pillai related to the death sentence awarded to Pakistani terrorist Ajmal Kasab. It is to my mind not the duty of the Law ministry or the Home Ministry to give a projected date of hanging of the accused when the matter has to be decided by the judiciary. Both Moily and Pillai seem to have jumped the gun while stating that the 26/11 convict will be sent to the gallows this year itself. While Moily said that the higher courts will fast track justice, Pillai said that hanging would take place if he does not appeal against his sentence.
My concern is that where is the need for these responsible people to make irresponsible statements. The Mumbai court has done an exceptional job to uphold the rule of law and has after examining concrete evidence awarded the death penalty to Kasab. As per the legal norms, even if he does not appeal against the verdict, our justice system mandates that the death sentence has to be confirmed by the High Court. Therefore to set a time limit by functionaries other than those who are expected to do so in a court of law while following the procedures laid down by law is something that cannot be condoned.
There is no doubt in anybody’s mind either in this country or anywhere else that Kasab along with his associates was responsible for the killings on 26/11 in Mumbai. He was therefore tried for the crime and the court has awarded him the death sentence. The subsequent course of action will be taken once the higher courts are seized of the matter and after a thorough appraisal of the evidence on record come to a conclusion. There are no reasons to believe that the higher judiciary will not reach an appropriate verdict. But by speaking on matters, which do not fall under their purview as yet, the Law Minister and the Home secretary have not only committed a breach of propriety but also exhibited scant respect for the law of our land. I hold both of them in very high respect and to be honest did not expect this kind of faux pas from them. Hopefully, they will be more careful the next time.
Another thing, which in equal measure astounded and flabbergasted me while watching Times Now on Tuesday night, was the manner in which the TV channel conducted a discussion on the Ruchika Girhotra case. It surprises me how a TV channel can air something which is blasphemous and against the tenets of our legal system. The hearing of the case has ended and the court is expected to pronounce its judgement in about ten days. We all would want justice for the dead girl but it is for the courts to examine the evidence and reach a conclusion. But the channel seemed to have made-up its mind even before the court has pronounced its judgement.
The manner of presentation gave the impression that the channel has decided that Rathore should be sent behind bars and the timing of the programme could have easily been interpreted as an attempt to influence the judgement of the case. One participant, Siddhartha Luthra, an eminent Supreme Court lawyer tried his best to tell the anchor that lines of propriety were being transgressed but his sane appeals went unnoticed. It is indeed sad that these kinds of things have been repeatedly happening. I have said it earlier too that the media can help in highlighting what it perceives to be a case of injustice but it cannot sit in judgement over anybody. It is the job of the courts alone to evaluate evidence and then reach the appropriate conclusion. I hope my colleagues in the media will pay heed to this basic norm.
(3 votes, average: 5 out of 5)
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I do not agree with your views. Since many convicted people are in queue for hanging for decades public feel, that Kasab will also enjoy Indian hospitality forever. To reassure them, the minister says, Kasab case will be on fast track. Whats wrong in that? Nobody can hanged any one in India against the court . Please do not try to comfort a monster in the name procedure, process and invoking big words like law, judiciary etc. Public is very eager to see the end of Kasab so that we send a strong message to the terrorist that India means bussiness.
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pankaj Vohra Reply:
May 14th, 2010 at 2:51 pm
You have not read the blog it seems. Your response is emotional. But in law, emotion has no place but evidence plays a paramount role. All of us want that justice should prevail in 26/11 case. WE have a process and that process has to follow. That is very important. But the matter is in the hands of the judiciary. It alone can decide. Brgds.
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Victor Reply:
May 15th, 2010 at 8:20 am
We can set aside all emotional content. It’s not necessary that Judiciary must always delay justice to the people. Justice must be fast. If there are delays in providing justice in a speedy manner, then it need to be immediately sorted out and efficiency brought in. Also I request you to not get emotional on the aspects of hanging of Kasab. Let the law provide justice to the people and hang Kasab and also the ones who masterminded it. Let Dharma prevail.
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Our law against terrorists should be upgraded. Such terrorist attack cases should be handled by Supreme court. Then the verdict of the supreme court can be carried out if it didn’t went for appeal to President. Dear all Indians know this is a war against our country, and is sponsored by Pakistan. The Pakistanis are getting help from Indian Muslims, nobody can carry out such an attack without help from inside our country. India should stop all bilateral relationship, trade and transportation with Pakistan. Careful every month some Indian fisher man are captured by Pakistani navy. I suspect that some Indian Muslims are going to Pakistan for terror training. And after training the Pakistani military hands over these people to our Govt. Indian navy should restrict these people from crossing international sea boarder with Pakistan. Dear all Indian brothers be like a detectives. Be watchful, if something susceptible inform it to Police. But careful be anonymous. Don’t reveal your identity to any body.
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pankaj Vohra Reply:
May 14th, 2010 at 2:55 pm
You have said what you think should be done. But as per the existing law, there is a process that needs to be adhered to. You or I or anybody else cannot wish it away. It is not fair to accuse anyone without any concrete evidence to substantiate the charge. Yes Kasab is guilty and he should be punished. But let us not mix any agenda with the judicial process. It is for our investigating agencies to find out who all provided logistic support to him on the Indian soil. Let us not be irresponsible and make accusations against one whole community. Brgds.
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Kasab is a terrorist of the highest order. FULL STOP. He deserves, and will get, death one day. The outcome of the trial was pretty much decided even before it started. Then why all the red tape and bureaucratic mess?? Why delay the hanging which by the way every goddamn person on the planet knows will happen to him in the name of the ‘law’ and ‘due process’?
Where is the law where it is needed? Where is the law when ‘goondas’ openly demand protection money? Why is the due process not followed when land acquired from farmers for industry? Where is the law for all the victims of crimes in cases that actually need to be judged in a court of law??
Its people like the author who put in their ‘idealistic’ views and stop things from happening. Who has the power to announce if and when kasab is going to be hanged is irrelavent.
Kasab is guilty. Hang him. And get it over with. He is not worth our attention.
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pankaj Vohra Reply:
May 14th, 2010 at 2:59 pm
Well, “he will get death one day”. But that day is to be determined by the government after the judicial process is over. Not before that. The judiciary is not under the executive of this country. It has to function independently and arrive at its own conclusions. Let us not carried away with other wrong doings in our system. Of course they have to corrected and solutions have to be found. I am on the limited issue of Kasab and how the government should refrain from making any statement regarding his hanging till the judiciary has gone through its entire process. brgds.
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To “The True Indian”
Excuse me for not being “Politically correct”, but are you educated?
How are you making such strong assumptions and potraying them as facts?
“all Indians know this is a war against our country, and is sponsored by Pakistan. ”
Show me the proof
“The Pakistanis are getting help from Indian Muslims, nobody can carry out such an attack without help from inside our country”
How do you know that it’s only Indian Muslims?
“Careful every month some Indian fisher man are captured by Pakistani navy.”
How do you know? Show me some evidence.
“Don’t reveal your identity to any body.” Clearly, you’re a coward. If your true intention is to fight/defend your nation, you would not have made such a statement.
It is almost certain that Pakistan, rather, the Pakistani Government may have had something to do with the shocking terror attacks that we as a nation witnessed. But why are you blaming all their people? Can you tell the difference between an Indian and a Pakistani without speaking to them? No. If you can, either you’re lying, or you’ve got some psychic power to be able to differentiate someone’s nationality even though they look exactly like you.
By making such statements, you are only increasing hatred for those people. We as Indians are not taught to hate.
People in Pakistan suffer a lot more than we as Indians do, even though we (including myself) may complain about our government a lot more.
The fact is, our Government looks out for us, and even though there maybe some corrupt politicians out there, they big picture is still development of the nation.
“And after training the Pakistani military hands over these people to our Govt.”
Are you actually saying that the Government is letting these people enter our Country? Suggestion: you know the brains you’ve got? Use it.
Now go on, reply either by abusing me, my statements, or defending your wrong doings even more..!
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Vikram Reply:
May 13th, 2010 at 4:42 am
Hey Bhatt ..maybe the other things the True Indian was getting worked up but — Show me the proof – “all Indians know this is a war against our country, and is sponsored by Pakistan. ”
Maan are you serious or just a Pakistani using a Indian name.
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Vashisht Bhatt Reply:
May 15th, 2010 at 8:19 am
Yes, I am quite serious… if this were, in fact, sponsored by Pakistan as a Nation, it would probably not be classified as a terrorist attack, rather, Pakistan declaring War. Clearly, this is not a war.
I am not, by any means, ruling out the probability of some Pakistani ‘ministers’ or politicians being involved in the disastrous attack by means of providing finance, networks or any other support, however, all I’m saying is, do not make a statement that does not even give the other person a benefit of a doubt.
I think our leaders and our military, intelligence is more than capable of coming to a conclusion about this and that it is them who should do this, not you and me as common citizens who are, in fact, being rather naive.
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ABSheikh Reply:
June 2nd, 2010 at 11:52 pm
You are betraying typical Indian attitude of being an ostrich – bury your head in sand while everything around you is being destroyed; look for legalities, legal proofs etc. That is why Pakistan is laughing at you and treating you with such disdain. Have a little bit of intelligence, see what is happening, put two and two together and thereafter react with an iron fist. Otherwise, you will end up in a situation like what Jomo Kenyatta described viz: white man came to my country with a bible in his hand and asked me to close my eyes and pray. I did and when I opened my eyes my land was gone. Learn from history or else you will become history,
Dear Pankaj,
This proceedings of this type of a case should have been carried our even more speedily, perhaps by a Special Court or even without a Trial since everything had been witnessed live on TV.He should have been simply eliminated after an Army Type of interrogation. Terrosism cases are not comparable to normal crime cases. But then strange are the ways of our Govt. Does Kasab deserve any right to appeal in the higher court. But look at our Law Minister. He himself is giving a clue to the terrorist on this.
I hope this does not have anything to do with the votebank politics of the Congress Govt.
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pankaj Vohra Reply:
May 14th, 2010 at 2:48 pm
Why are you paranoid about the blog having something to do about vote bank politics. It is nobody’s case that there should be delay in punishing the guilty of 26/11. But this matter has to be decided by the judiciary. Brgds.
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Harish Behl Reply:
May 14th, 2010 at 3:16 pm
The votebank politics remark was actually directed at the Govt., and not on your blod.
Brgds
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Victor Reply:
May 15th, 2010 at 8:33 am
Yes let it be done by the judiciary. But there is nothing wrong in efficiency and a speedy hanging.
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Sir,
Your observations are correct and they are so much laudable. Our Law Minister,it seems, is someone who is capable of nothing but uttering unworthy and meaningless words. To make vague and senseless statements is ministerial; to forget and forgive humane.Our Union Home Secretary reiterates what our minister has proclaimed.How pathetic of them! If both of them had said this about Afsal Guru,It would have sounded sensible. It may be because of sheer ignorance of the anchor about the system of our Judiciary that he was prompted to act in such a churlish way during the discussion in the channel.
But still,sir,though it was foolish of the Minister to talk in that manner,isn’t it necessary that Kasabs and Afsal Gurus are punished at the earliest for the sake of the security of our motherland?
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pankaj Vohra Reply:
May 14th, 2010 at 2:46 pm
You are absolutely right. The guilty of 26/11 and Parliament attack must be punished. The judiciary must expedite the cases. Brgds.
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We are banana republic. other day some female terrorists nabbed in Kashmir had one on one with media .. In whihc bloody country a terrorist gets to address media..
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Congressi are still sitting oN Afzal guru’s mercy petition if that is anythign to go by Qasab qwill remain sarkari jija for decades to come
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Victor Reply:
May 15th, 2010 at 8:32 am
It’s sad that a large number of criminals who are given death penalty are enjoying the food on the People of India’s money. It’s government’s responsibility to the people that all this criminals and terrorists are hanged at the earliest and the queue cleaned up. If a mass execution can be conducted of these brutal demons in one day that will be excellent.
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the desire to see kasab hanged is of course due to his role but also manifested due to the governments handling of Afzal guru who had “the due process of law”. I am reminded of S.Unnikrishnans response to the verdict. “What could have been achieved in one second with a bullet, took 17 months…..”
People might not word it appropriately, but the underlying argument is, why should he live even an extra day more after he has been convicted.
Giving sermons on “justice” and “due process” are good and of course desirable for a democratic nation. But when it comes to dealing with terrorism right up your face… is ridiculous and akin to the ostrich way of dealing with problems. The argument that India will have a diplomatic advantage over Pakistan is weird and laughable, where Pakistan is obviously, least bothered about such brownie points, as it continues to be supported by the US and China by portraying itself as a victim. So far, we have only heard noises and no action. So this false sense of victory is laughable. Its not like we want to lynch him (wait we dont, but then that would make us no better than the terrorists), but its criminal to harp on the process when the act is of the nature that it is. Contrast this with Israeli forces who do not lose time in covert operation killings and avenging the assasination of their citizens. Read this as an example – http://news.bbc.co.uk/2/hi/8488249.stm
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*correction – S.unnikrishnan’s father’s response
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The Law ministers statement are very much responsible. Instead of batting for terrorists he stood with the people. Appreciate it. That’s how ministers should be. Not only in words but in their action as well. They are responsible to the people of India and not to the terrorists or their organizations like LET or JEM. Bureaucratic hassles and irresponsibility is not people of India seek from the government of India. They want efficiency in all departments. If Mr. Moily is capable of improving on this aspect to provide for a speedy hanging of the terrorist, there is nothing wrong in it. Appreciation must go to Moily for such an action. Also such efficiency must be brought in all other cases related to terrorism and the guilty punished at the earliest for their crime against humanity.
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pankaj Vohra Reply:
May 15th, 2010 at 1:14 pm
The Law minister should be setting policies and ensuring that obstacles for clearing the backlog of pending cases are removed. He should refrain from any case which is still under the pruview of the judiciary. No one doubts that the sentiments of people are for an early hanging. But as I said before,.the process has to be completed by the courts and not be the executive at this stage. Brgds.
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The next question is more important. The Kasab will be hanged. What abt the masterminds and terrorism from Pakistan. How we are going to finish it? What’s the govt’s plan? How the govt of India will act in the interests of the people of India and ensure justice to them by taking any action against those terrorists and their mentors.?
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Ordinarily I would agree with you, but we also have another problem. Lawyers that concoct the weirdest stories to defend their clients in a system that guarantees that everyone will be heard, no matter how strange their tales. If our already strained courts listen to every story that defence lawyers cook up ad infinitum, ad nauseatum, our legal system will get even more logjammed.
Here we have a person who waged war against the country, so he could be termed an enemy combatant, there is photographic evidence of him engaged in the slaughter of hundreds of innocents, there are many witnesses. What legal recourse is left? Is there any possibility that he could be declared innocent? Or deserving of mercy? So why waste time and money? Those precious courtroom hours could get justice to someone else who has been languishing at the court for years.
I see no harm in short circuiting the legal process to drive home the message that 26/11 was unacceptable to our country.
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pankaj Vohra Reply:
May 19th, 2010 at 3:31 pm
You may send him to the gallows which he deserves much before his time. But you would have lost credibility as a democracy where rule of law prevails. Since he has been tried under our law, he has to be given all opportunities to defend himself regardless of the fact that the verdict in the end may remain the same. Brgds.
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