Justice delayed is justice denied
On 26th November, 2008, 10 ISI trained religious fanatics attacked Mumbai, the financial capital of India with bombs and fire arms and killed at least 173 innocent people mercilessly and wounded about 308. The principal goal of these attacks is to tarnish the image of India as a safe nation and to shatter the confidence in India among the global community. It was an assault on India’s growth story. Though it is difficult to quantify the total loss, according to Association of Chamber of Commerce (ASSOCHAM) the terror attacks caused a total loss to Mumbai alone is Rs. 4,000 crores.
These10 terrorists are just tiny cogs and many such devices are being manufactured in the terror factories of our neighbour land. The most wanted terrorists are being provided shelter on its land duly providing infrastructure facilities to start their terror training institutions. Declining the apprehensions of India, the western world particularly America hitherto provided financial support and poured huge sums of funds to the land of terrorists, considering it an ally in its fight against terror. However, these funds were used for milking the snakes and the world is now experiencing the consequences.
Ajmal Kasab, is the only terrorist captured alive. Capturing Kasab alive has given India an opportunity to portray the world once again, the roots of terrorist activities and the surreptitious designs of our neighbour.
The process of trial commenced with the appointment of Ujjwal Nikam as Public Prosecutor on 26 November 2008, and appointment of M. L. Tahiliyani in January 2009 as the judge for the case. The trial against Kasab was originally scheduled to start on 15 April 2009, but was postponed as his lawyer, Anjali Waghmare was dismissed for a conflict of interest. It resumed on 17 April after Abbas Kazmi was assigned as his new defense counsel. Chargesheet running about 11,000 pages was filed against Kasab on 25 February 2009. He was charged with murder, conspiracy and waging war against India along with other crimes. The trial concluded on March 31, 2010 and on May 3 the verdict was pronounced - Kasab was found guilty of murder, conspiracy, and of waging war against India. On May 6, he was sentenced to death by hanging.
Considering the snail pace judicial system of India, and the process for preparation of charge sheet running into more than 11000 pages etc., I believe this trial concluded in a record time.
The sentence has to be ratified by the High Court. This will take some more time before the sentence gets confirmed. The sentence can also be challenged in the High Court and then Supreme Court. Kasab can also plead for the President’s clemency as per the law in vogue.
As per the information available, there are about 300 convicts on the death row, 29 of whose petitions are pending for the President’s clemency. Here, we should recall the observations of the Judge while pronouncing the judgement in the Mumbai attack case, “post Kandahar hijacking of 1999, keeping alive a terrorist was a risky proposal for a nation with there always being the risk of a recurrence of such an incident. It would be a danger and menace to the society”.
The souls of the victims of terrorist attacks will rest in peace only when the fanatic(s) met the penalty they deserve. Higher courts shall review the verdict of the lower courts on the appeals of convicts in these cases within a specified time frame. The pleas for clemency of these convicts shall not be considered on par with other criminals. Since, they don’t deserve any mercy; these fanatics shall not be given the opportunity of pleading for clemency.
Afzul Guru who was sentenced to death in the year 2002 (the Parliament attack case of 2001), pleaded for clemency and is still pending before the President of India since, 2005. These delays dilute the spirit of the verdict. The fanatic who deserves the fatal punishment shall not be given the opportunity to prolong his life on this earth. This reminds us the necessity of plugging the loopholes in the law of the land immediately. Justice delayed is justice denied. The spirit of the statement shall not remain mere a slogan. The Government of India shall act upon and make the laws of the land stringent.
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