If he decides to attend the confirmation hearing, he will have to move out of his special cell in Arthur Road jail.
Pakistani gunman Mohammed Ajmal Amir Kasab, the lone 26/11 terrorist captured alive, was sentenced to death by special judge ML Tahaliyani on Thursday.
The criminal procedure code (CrPC) makes it mandatory that every death sentence granted by a trial court — in this case, it is a special court — has to be confirmed by a high court.
Kasab’s death sentence will come up for confirmation in the Bombay high court some time in August or September.
The law gives Kasab the right to personally attend the confirmation hearing. If he decides to be present at the high court during the hearing, he will have to move out of his high-security prison cell in Arthur Road jail.
“It is the right of a convict given death penalty to remain present at the hearing for the confirmation of his sentence. So, if Kasab decides to attend the hearing, he will have to be taken to the Bombay high court under tight security,” criminal lawyer Satish Borulkar said.
A high-ranking official in the judiciary said, “There is no chance of the Bombay high court constructing a special bench for the confirmation hearing of Kasab’s death penalty. Neither will the hearing be shifted from the high court to some other location. At the most, the state can increase Kasab’s security cover while bringing him to the court.”
It will take three to four months for the Pakistani gunman’s death sentence to come up for confirmation in the high court.
According to the procedure, the special court that sentenced him to death will have to send all records of the trial to the high court.
Once the latter receives them, the chief justice will assign the case for hearing as per the muster to a particular division bench.
First, there will be the formality of the high court admitting the death penalty for confirmation.
Kasab need not himself be present at that time. When it is time for the confirmation hearing, Kasab will have to decide whether to be present in the court, a source said.
Meanwhile, state home minister RR Patil said that the government will decide on Friday whether to keep Kasab at the Arthur Road jail or shift him to some other prison. “We are yet to take any decision in this regard,” he said.
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