Analysis on Ajmal Kasab Judgment

Facts -On November 26, 2008 terrorist attack on India’s financial and entertainment capital,
Mumbai. With the series of synchronized and strategically placed bombs, India’s largest city is
set aflame killing 173 people and wounding 308 more. The great damage is unprecedented
causing authorities to fear that the development of a terrorist group in South Asia is on the rise.
In November 2008, 10 Pakistani members of Lashkar-e-Taiba an Islamic militant organization,
carried out a series of 12 coordinated shooting and bombing attacks lasting four days across
Mumbai. Ajmal Kasab, the only attacker who was captured alive, later confessed upon
interrogation that the attacks were conducted with the support of the Pakistan government’s
intelligence agency, the ISI. The attacks which drew widespread global condemnation began on
Wednesday, 26 November and lasted until Saturday, 29 November 2008, killing 164 people and
wounding at least 308 and more. There were many evidence retrieved by the police. The only
controversial element in this part was the confession statement of Ajmal Kasab was in the police
custody and since it was not deemed to evidence under Indian Evidence Act.

Judgement

Mohd Ajmal Mohd Amir Kasab was held guilty of multiple murder with common intention and
abetment attempt to murder with common intention and abetment, abducting in order to murder,
robbery with attempt to cause death or grievous hurt, several other allied offences under the
Penal code (IPC), committing terrorist act punishable under section 16 of Unlawful activities
(Prevention) Act, 1967, as well as offences under Explosives Act, 1884, Explosive Substances
Act, 1908, and Arms Act, 1959.

Analysis

The important arguments against imposing the death sentence in terrorism cases is that a terrorist
commits the horrendous crime in order to achieve martyrdom and also to inspire future martyrs
to his cause. Therefore, imposing the death sentence on the person accused and convicted for
terrorism and waging war against defeats the very objective of the death sentence, which is deter
to such crimes.

This case has shocked the collective conscience of the Indian people as few other cases have.
The terrorist killed 166 people and injured, often grievously, 238 people. The dead included 18
policemen and other security personnel and 26 foreign nationals. Of those dead, at least 7 were
killed by the appellant Ajmal kasab personally, about 72 were killed by him in furtherance of the
common intention he shared with one Abu Ismail, and rest were victims of the conspiracy to
which he was a party along with the 9 dead accused and 35 other accused who remain to be
apprehended and brought to the court. The offences committed by the appellant show the decree
of cruelty, brutality and depravity as in very few other cases. The appellant, as also the other 9
terrorist, his co-conspirators, used highly lethal weapon such as AK-47 rifles, 9 mm pistols and
grenades and RDX bombs.

What is more, they did not even know the appellant and the appellant too had no personal animus
against them. He killed/injured them simply because they happen to be Indians.

Against all this, the only mitigating factor is the appellant’s young age, but that is completely
offset by the absence of any remorse on his part and the resultant finding in his case there is no
possibility of any reformation or rehabilitation.

Putting the matter once again quite simply in this country death penalty has been held to be
constitutionally valid, though it is indeed to be awarded in the rarest of rare case when the
alternative option is unquestionable foreclosed.

Now, as long as the death penalty remains on the statute book as punishment for certain offences,
including waging war and murder, it logically follows that there must be some case, howsoever
rare or one in a million, that would call for inflicting that penalty on the accused.