Mumbai: Ajmal Kasab listened stoically to his sentence: the death penalty on five counts, life sentence for five others. Then, he broke down.
"The depravity of the (26/11 attacks is unspeakable....this man has lost the right to humanitarian benefits," said Judge M L Tahaliyani, explaining his decision to give the death sentence to the only terrorist caught alive during 26/11. (
Read: Judge's comments on Kasab |
The judge who handled the 26/11, Kasab trial)
After reading out his sentence, the judge asked Kasab if he wanted to say anything. Kasab shook his head, indicating that he didn't. He asked for a glass of water.
It's the most emotion that Kasab has betrayed since he was pronounced guilty on Monday of 82 crimes including waging war against India. Today, like then, he was unshaven and dressed in a white kurta-pyjama.
Kasab was given the death sentence for murder, abetment of - and conspiracy to - murder, waging war against the nation and terrorism. (
Read: Kasab's execution may take years)
The judge said, "Words cannot express the brutality of this crime." A recurring theme in the comments that accompanied his sentence: "There is no chance of reform or rehabilitation for this man."
Rejecting the arguments of the defence that Kasab was an impressionable 21-year-old who was brainwashed by the Lashkar-e-Toiba (LeT) into executing 26/11, the judge said that Kasab had volunteered to work for the terrorist group. He chose, Judge Tahaliyani said, to train at Lashkar terror camps for months. The judge also said that the trial has established that when the ten terrorists heading from Pakistan to India were delayed in Karachi, Kasab was restless. He "was anxious to attack India," observed the judge.
Public prosecutor Ujjwal Nikam had, during his arguments for the death sentence, referred to Ksaab's confession, made three months after he was arrested. Kasab had said that when he reached the Chattrapati Shivaji Terminus (CST) on Wednesday evening with his partner, Abu Ismail, he was disappointed that rush hour had ended. The station was emptier than what the CDs he had studied had depicted. Then Kasab and Ismail opened attack for an hour, killing nearly 60 people.
The judge accepted that Kasab "fired indiscriminately at CST...not even looking at who he was firing at." Nikam's point made on Monday taken: that photographs of Kasab at CST showed the terrorist enjoying his attack.
This brutality, the judge said, was reflected in court later, when witnesses who were brought there were afraid to look directly at Kasab.
"Keeping such a person alive is a lingering danger to society...he has no right to live," ruled the judge.
Kasab's lawyer, KP Pawar, had asked the judge to consider Kasab's age and the fact that he is mentally and emotionally disturbed. Of the latter, the judge said, there is no evidence. Of the former, he said, 'Undue sympathy will do more harm."
Public prosecutor and the man of the moment, Ujjwal Nikam, flashed a victory sign and joked, "I am happy because today I will also be released from Arthur Road Jail." Nikam slammed Kasab for his irreverent behavior all through the trial. Before the sentencing, Nikam recounted his reasons for seeking the death penalty for Kasab saying the Pakistani terrorist enjoyed the act of killing. (
Read & Watch: Sentence will satisfy victims' families, says Nikam)
The death penalty will not be implemented immediately. First, it has to be confirmed by the Bombay High Court. Even if Kasab does not appeal against the death sentence, the judgement will be studied by the High Court. If the death sentence is ratified by the High Court, Kasab can appeal to the Supreme Court. He also has the option of filing a mercy petition for the consideration of President Pratibha Patil. (
Kasab sentence: Closure for Mumbai? Comment here) | (
Read: Kasab joins others on death sentence list)
But the cops and lawyers who won the case in the trial court say there is little chance of Kasab's appeal being taken seriously. "The evidence was very strong and I do not think the death sentence can be challenged, said Joint Commissioner of Police and Mumbai crime branch head Himanshu Roy, hailing a "fair trial".
Law Minister Veerappa Moily said Kasab's sentence is a message that "Pakistan cannot meddle with the lives and properties of (our people) and if any terrorist is encouraged by them, he will meet the same fate as Kasab." External Affairs Minister SM Krishna said the focus now has to be on getting the men who masterminded 26/11 and are in Pakistan. "A number of others who acted as co-conspirators will also have to be extradited and they should be brought to justice." (
Reactions: Veerappa Moily |
S M Krishna |
More reactions)
Asked about these comments by Indian ministers, Pakistan reacted cautiously to Kasab's sentence. It is important to avoid such far-fetched statements as both countries have agreed to resume their dialogue," said Foreign Office spokesman Abdul Basit said. (
Read: Kasab gets death, guarded response from Pak)
Also See:We'll make sure 26/11 perpetrators are punished: US