MD. AJMAL AMIR KASAB V. THE STATE OF MAHARASHTRA (2012) 9 SSC 1

MD. AJMAL AMIR KASAB V. THE STATE OF MAHARASHTRA (2012) 9 SSC 1

NAME- SRESTHA DUTTA CHOWDHURY | COLLEGE- KINGSTON LAW COLLEGE

BENCH: AFTAB ALAM, CHANDRAMAULI KR. PRASAD
NO. OF JUDGES: 2
CITATION: (2012) 9 SSC 1
CASE NO.: CRIMINAL APPEAL NOS.1899-1900 OF 2011
ADVOCATES: MR. RAJU RAMACHANDRAN, SENIOR ADVOCATE,
ASSISTED BY: MR. GAURAV AGARWAL
PUBLIC PROSECUTORS: Mr. UJJAWAL NIKKAM AND MR. GOPAL SUBRAMANIUM
APPELLANTS: MOHAMMED AJMAL AMIR KASAB @ ABU MUJAHID
RESPONDENT: STATE OF MAHARASHTRA
COURT: SUPREME COURT OF INDIA

INTRODUCTION

26/11 terrorism occurred in 2008. The attack covered several tourist spots and therefore the heart of the town i.e The Taj Hotel, Vile Parle, Nariman House, Leopold café, Chatrapati Shivaji Maharaja Terminus, Oberoi Trident Hotel, and Cama hospital.

It shook the entire nation in a matter of a few seconds.10 members of Lashkar-e-taiba landed on Mumbai through sea route and captivated the parts of the town, consecutively.

Kasab and the other members were actively planning this humongous attack with Ansari and Sheikh, who were living in Bihar. This attack was against the government to acquire Kashmir.

FACTS

  • MD. Ajmal Amir Kasab was awarded five death penalties and lifelong imprisonment, he had committed several crimes together with his comrades, Waging war against the government of India, the conspiracy of committing mass murder, abduction for murder, etc.
  • Pakistan based militant Lashkar-e-Taiba was the head behind this conspiracy.
  • On 25th February 2009, the prosecution filed 11,000 charge sheets against Kasab.
  • Initially advocate Anjali Waghmare was appointed as his defendant, later she dismissed because of a conflict of interest.
  • Amin Solkar and Farhana Shah were tasked to defend Kasab.
  • On November 21, 2012, he was hanged in Yerawada Jail in Pune at 7:30 a.m.

ISSUES

  • Whether the death sentence awarded to Kasab was justifiable?
  • Whether he received a free trial or not under Article 21 of the Indian Constitution before his conviction?

ARGUMENTS

ARGUMENT BY THE PETITIONER

  • Mr. Ramchandran said that the appellant didn’t get a fair trial.
  • He concluded that apart from taking small steps in the path of law, they should walk the full mile and not stop halfway.
  • He said the appellant was not aware of any constitutional rights under article 22(1) of the Indian Constitution at the time of his arrest.

ARGUMENT BY THE RESPONDENT

  • The petitioner said the evidence against Kasab in the 26/11 attack was weak.
  • The respondent concluded that bullets recovered from Karkare and Salaskar’s bodies did not match from the weapons of Kasab and Abu Ismail.
  • There was no conclusive evidence to prove Kasab’s presence near the Cama Hospital.

JUDGEMENTS

Kasab’s mercy plea was rejected by former President Late. Dr. Pranav Mukherjee.

He was awarded the death penalty on 29th August 2012. He was hanged to death in Yerawada Jail in Pune on 21st November 2012 at 7:30 a.m.

PRECEDENTS

MIRANDA V. ARIZONA, 1996[1]

In this case, Miranda was arrested from his home and taken to the police custody for further investigations. He was identified by two witnesses who filed the complaints, he was interrogated by two police officers for two hours. As a result, a signed confession was presented to Jury, both oral and written confession. Miranda was found guilty of kidnapping and rape. He was sentenced to 20-30 years of imprisonment and the Supreme Court Arizona held that no constitutional rights were violated during the confession.

NANDINI SATPATHY V. P. L. DANI 1978[2]

In this case, The deputy superintendent of Cuttack Police filed a complaint against the former chief minister of Orissa under section 179 of IPC for not answering the questions asked from her regarding an accusation of acquiring wealth through illegitimate sources. Her plea was rejected within the judicature. So, she appealed to the supreme court under article 32(1) of Cr.P.C. to confirm the protection of women witnesses by immuning them.

ANALYSIS

Kasab being a non-Indian did not barge from a fair trial, regardless of committing such a heinous crime. Ajmal and his comrades came to India illegally, brought ammunition, grenades, etc. The Pakistani organization named Lashkar-e-taiba is the mastermind behind the horrific incident.

Lashkar-e-taiba guided them through voice over internet protocol. The terrorists were in regular touch with their organization. The ultimate wage war against the government caused the killing of 166 innocents, 238 injured, loss of property estimated 150cr. Kasab was the only terrorist found alive and the rest of his comrades died and the other 35 accused was charged with the following-

  • INDIAN PENAL CODE (IPC), 1860
  • UNLAWFUL ACTIVITIES PREVENTION ACT (UAPA),1967
  • ARMS ACT, 1959
  • EXPLOSIVES ACT,1884
  • EXPLOSIVE SUBSTANCES ACT,1908
  • PASSPORT ACT, 1920

Kasab was awarded 5 death penalties, 5 lifelong imprisonments (66 years and 1 month) and a penalty of Rs. 1,36,900/-. He was given senior lawyers at state expenses for his trials and appeals. His confession came into a controversial statement that his confession was not voluntary but the overwhelming and vivid shreds of evidence were enough to prove his crimes.

India should have a dedicated legislation, People should stand united and alert to quell terrorism. Supreme Court enforced a long delay in the judgement of Kasab despite having such clear evidence. A person who has committed such gruesome mass murder should be gauged immediately.

CONCLUSION

The attack of 26/11 is taken to be the foremost horrendous act of terrorism within the history of India. Kasab was originated from Pakistan, he approached Pakistani legal authority initially but they were failed to identify him as one of his nationalists despite committing such a heinous and barbaric crime he was given fair trial and execution.


REFERENCES

[1] https://en.wikipedia.org/wiki/Miranda_v._Arizona

[2] https://indiankanoon.org/doc/1938988/

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