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An estimated 3-minute read

Killing Kasab: Barbaric, insufficient, but a show of India's constitutional strength

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The entire media, print or otherwise, in India has given an overwhelming welcome to “Operation X” which resulted in secretly hanging one of the most expensively treated terrorists in India - estimated figures on how much it has cost to try and incarcerate Kasab have reached approximately Rs 41 crore.

The barbaric incident was carried out by Kasab and his friends from Pakistan in the trade capital of India on 26th November 2008 (a.k.a. 26/11) killing more than 150 persons and injuring many more. What perhaps we must be proud of is that our so called “slow judicial system” convicted the terrorist in less than FOUR YEARS from three different courts viz. the Trial Court, the High Court and the Supreme Court.

Every death convict tries to save his life all the way till the end and so did this terrorist. The Mercy Petition in the present case was first rejected by the Maharashtra Governor and later on the President of India too accepted the recommendation of the Home Ministry and rejected the mercy plea of Kasab.

It is a situation of mixed feelings for a lot of Indians; satisfaction, revenge, happiness, or grief for those who saw the entire episode closely and for those who lost someone, though those professing to human rights in their true sense would still feel defeated since capital punishment is something which they would never approve of.

Most of us would still logically want to punish the bosses / masterminds behind the attack who are still nowhere to be traced; though the agencies must be trying hard.

Let us not close the 26/11 chapter yet; let us unite and not forget such incidents, which unfortunately has happened in the past. The same city was in shambles post 1993 Blasts whereby 13 bomb explosions took place in one day killing over 250 persons and injuring innumerable others; probably the most destructive Bomb explosions in the Indian History. Statistics in the said case would not make any one proud or happy.

I do not personally approve of capital punishment as I believe that hanging someone is more barbaric than killing a person by a gunshot. A few accused persons in the ’93 Bombay Blasts case have been sentenced to death by the Special Court. The Appeals/ Mercy Pleas in few of those cases are however still pending, despite a lapse of almost twenty years since the incident.

As many as 11 Petitions are pending only from the State of Tamil Nadu either with the Courts/President/ Governors wherein the accused persons have been convicted and awarded death penalty; three of them being the assassins of Rajiv Gandhi, an incident that took place in May 1991.

India has been since 2002 a host to another accused in the Bombay Blasts case viz. Mr. Abu Salem. The extradition of Salem was carried out from Portugal based upon an undertaking by the Government of India that he would not be awarded with a punishment for a term more than 25 years. Multiplicity of litigations, both in India and Portugal have disrupted the trial at various stages in Abu Salem’s case; pending which the accused is lodged in a Jail in Mumbai. Official figures of what the State must have spent in order to keep Mr Salem safely behind bars have not yet come out, but keeping in view the amounts spent on Kasab in the last four years, the figures in the case of Salem would certainly be enormous enough to alleviate poverty of thousands of Indians.

We must not be satisfied just by seeing a terrorist hung who was acting at the behest of others. Much is left to be desired.

The most important thing to learn from the present case is that justice has been done, seen to be done and promptly executed. It is not merely about what punishment was inflicted on Kasab; whether capital or otherwise.

What we must observe is that despite there being a case of such magnitude where Kasab was caught red-handed killing hundreds, the guarantees given to all under the Indian Constitution have been extended to him. The counsels representing Kasab were one of the finest in the country without any payment from his end, which only goes on to show how fair and transparent our judicial system is.

It must not be taken to understand that the Courts in India are to be blamed for the delays which occur in such cases. It is perhaps the entire system which needs to work with the same efficiency and pace as done in Kasab’s case.

The message has been conveyed clearly to all those who may be interested in stepping on the Indian soil for any such activity. We are strong, we will not forgive such act and we will fight back.

SUMEER SODHI

 

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