Life term worse than death sentence for Kasab: Defence

Life imprisonment for Pakistani terrorist Mohammed Ajmal Amir Kasab is a greater punishment than death, defence advocates Amin Solkar and Farhana Shah told the Bombay high court on Tuesday.

On the day that arguments of the prosecution and the defence in the confirmation of Kasab’s death sentence concluded, the defence advocates said Kasab came to Mumbai as a fidayeen (suicide bomber) and sentencing him to death would only serve his purpose as he would be perceived as a martyr by terrorist outfits across the border.

“Kasab was not the brain behind the attacks and also he had not taken active part in the conspiracy to destabilise India with terror strikes... It would suffice if he was awarded life imprisonment rather than a death sentence,” Solkar told the court.

The defence submitted that Kasab was not the main conspirator behind the 26/11 terror attacks but just a “contract killer” and so hanging him would not bring the real culprits to book. “Do not hang him; give him life imprisonment, for this alone would serve as a deterrent to others who may be planning to become fidayeens,” Solkar told the court.

Justice Ranjana Desai, however, said, “Do you think we would be able to prevent terrorist attacks by giving him a life sentence? What message would that give out to society?”

Special public prosecutor Ujjwal Nikam, however, told the court that Kasab’s depravity was evident from witnesses’ accounts, and he was well aware of his merciless act. Death would be a fitting punishment for him, as public outcry in a case as sensitive as this cannot be ignored, Nikam told the court. Solkar said the court must not be swayed by public sentiment and should decide the case on its merits.

The court will now hear the arguments in the appeal filed by the state government against the acquittal of Faheem Ansari and Sabauddin Ahmed, co-accused in the 26/11 terror attacks case.