Ajmal Kasab gets death, but it’s a long way off

First additional principal judge ML Tahaliyani on Thursday sentenced Mohammed Ajmal Amir Kasab, the sole Pakistani gunman captured alive during the 26/11 attack on Mumbai, to death, ending days of suspense over the quantum of punishment for the crimes committed by the Lashkar-e-Taiba foot soldier.

The judge gave death sentence to Kasab, 22, on five counts: waging war against the country, murder, murder with common intent (with Abu Ismail), committing a terrorist act and conspiracy to attack Mumbai on November 26, 2008.

“Char offences ke liye sazaa-e-maut sunayi jaati hai... Aapko marte dam tak phasi se latkaya jaye (You have been sentenced to death on four counts… To be hanged till death),” the judge said.

He later corrected himself and added a fifth count.

Kasab, clad in kurta-pyjama, stood up when judge Tahaliyani directed him to do so before pronouncing the sentence.

He kept standing, his head hung low; he didn’t even bother to meet the judge in the eye when the latter condemned him to death.

Missing was the bluster of the Kalashnikov-totting man in cargos wreaking havoc on an unsuspecting city on 26/11.

“Keeping such a person alive is always dangerous. There is danger lingering on the head of the government. There is constant danger to society... He has no right to live,” the judge said, dismissing defence lawyer KP Pawar’s argument on Tuesday that Kasab was young and could reform.

“The possibility of the accused being rehabilitated and reformed is totally ruled out,” said judge Tahaliyani.

He underlined the threat involved in keeping such men alive by referring to the “recent trend of terrorism”, particularly the hijacking of Indian Airlines flight IC 814 in December 1999 when hijackers compelled the Indian government to release three militants — Mushtaq Ahmed Zargar, Ahmed Omar Saeed Shaikh and Maulana Masood Azhar.

“I attempted to prepare a balance sheet — of aggravating circumstances of the offence and mitigating circumstances in favour of the accused — but there was nothing to tilt the balance in your favour. The balance was on the side of the prosecution,” the judge told Kasab.

The court held that Kasab’s act was a crime of “exceptional depravity”. “He fired (at the CST) indiscriminately without consideration for age, sex of the victims. He shot at women and children,” said judge Tahaliyani.

The judge also noted that he shot a large number of police officers.

Kasab was mentally prepared to participate in the attack.

He was, the judge said, prepared to face the rigorous training in the camp and didn’t even go to his native place when he had the option of taking a break before the attack.

The argument that Kasab was under duress from the the LeT was rejected by the court. “Where was the duress? As stated in his confession, he (Kasab) voluntarily went to the LeT office and offered to become a mujahideen. He was not even accompanied by anyone,” said the judge.

The judge also noted that Kasab was upset when the attack was delayed and was “anxious to attack India”. “The only thing that can be considered is his age. But considering the aggravating factors against him, that Mr Nikam mentioned, the court has accepted the prosecution arguments,” the court said.

Nikam had argued that the attack was meticulously planned and all precautions were taken to ensure the attack is a success.

“No words are needed to express the brutality; it was writ large on the faces of the witnesses,” the judge said.

This is apparent from the evidence given before the court and the photographs taken by Sebastian D’Souza, the court noted.

The judge also spoke of victims who didn’t turn up in court despite having seen the incident or having given their statements before the police. “This man has lost the right to get a humanitarian judgment,” the judge said.

The judge also took into consideration the conversation between Kasab’s associates and the Pakistani handlers. “The instructions given were very clear - fight till the very end.”