I don’t think it is possible if we continue to be so ‘patriotic’. Don’t get me wrong. Like you, I am also of the opinion that we should punish him immediately so as to become an example to those who even think to take a similar path.

But no. We won’t let that happen. Because we can not think rationally and make a mockery of our so called patriotism.

There are genuine hurdles. The court cannot start a trial unless there are two parties to argue the case. The law clearly says every accused has the right to be defended by a lawyer of his choice.

As per our constitution, free legal assistance at state cost is a fundamental right of a person accused of an offence which may involve jeopardy to his life or personal liberty or if he can’t afford one or even if the accused happens to be a foreigner. So, Kasab’s Pakistani nationality makes little difference.

Over the years Indian laws and the interpretations by the Supreme Court as well as the high courts are emphatic that such an accused would have to be provided legal aid, irrespective of whether he asks for it or not. Even for helping the court for a proper trial, the assistance of a lawyer is required.

So, Ajmal Kasab has to get a lawyer. Being a Pakistani he wrote a letter to the Pakistan High Commission seeking legal help. However, as expected, the govt of Pakistan, has denied his claim of being a Pakistani.

Now, a number of Indian lawyers including prominent group of Mumbai attorneys, who do not think twice before defending the likes of Dawood, Chhota Rajan etc, have already shown their immense nationalism by refusing to defend Kasab against criminal charges amid outrage over the attacks.

On top of that, the ever eager saviours Shiv Sainiks attacked the residence of a lawyer who showed slight interest in fighting the case of the terrorist and ransacked his office as well as home. With due respect to their grandfatherly figure leader, I am astonished on whose verdict, “The terror acts were captured on TV. The case does not even warrant a trial”.

What do you call it ? Their patriotism or sheer foolishness ? I can understand the anger, we all have inside us. Even I am angry. It was attack on us and we won’t let it go. But do you think what we are doing is correct ?

We have so much evidence against Kasab, he has already given enough information to prosecute him, it’s an open and shut case that even if the most famous and able lawyer on this earth defends him, he will not be acquitted.

But the fact is that we can not move ahead unless Kasab gets legal assistance and in the absence of it, it may affect his conviction. If no lawyer would defend Kasab’s case he might just get away on mere technicality. And he has already started not cooperating with interrogating team.

So, what’s the problem ? Why are we wasting precious time ? Don’t suggest changing the constitution; it takes time. We are talking about today… NOW.

At this hour our main aim should be to punish him as soon as possible before some other attack happens somewhere else, some prominent personalities are taken hostages and we are blackmailed to free Kasab.
Haven’t we experienced similar situations earlier ?

Our problem is, we waste too much time in deciding, in filing/making the case, in blaming each other and decades later we are still without any concrete result.

If only we think logically and beat the law in its own hands… Damn ! Give Kasab a lawyer, any damn lawyer will do, and proceed further.

Let us be a less patriotic for a change.

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