Ajmal Kasab's case moved swiftly through various stages

Written By Unknown on Kamis, 22 November 2012 | 22.23

MUMBAI: The special court where Ajmal Kasab was sentenced to death was also the venue of another high-profile terror trial. More than 120 individuals stood accused of perpetrating the 1993 Mumbai bomb blasts that claimed 257 lives; 100 of them were convicted ; and 12 were awarded death penalty in 2007 at the court adjacent to Arthur Road Jail. Yet, their appeals are still g rinding forward through the judicial process.

In contrast, Kasab's trial began at the same court in April 2009 and ended a year later in May, with special trial judge M L Tahaliyani awarding the 26/11 gunman capital punishment. "You will be hanged by your neck till you are dead. Yeh hamara tareeka hai," said judge Tahaliyani.

Kasab's case traversed the next two stages of the Indian criminal justice system swiftly. By February 2011, the Bombay high court confirmed the gunman's trip to the gallows for "a conspiracy hatched in Pakistan to attack the Indian government and weaken India's economic might". On August 29 this year, the Supreme Court upheld the death penalty. Even Kasab's mercy petition was disposed off within months. Finally, he was hanged within weeks of the President rejecting the clemency plea.

The speed at which the 26/11 gunman's case progressed had never been witnessed before in any criminal trial of such magnitude. "It was the fastest execution in a terror attack," said Ujjwal Nikam, the special public prosecutor in Kasab's case. Nikam argued that there was "nothing secretive" about the Pakistani gunman's execution. The swiftness and discreetness were maintained, said a senior lawyer, to avert possible attempts to delay or oppose the hanging. "The execution was carried out in a disciplined manner. Ours is not a banana republic; it is a democracy. We do not have to execute in a public square," said Nikam.

Many lawyers were disappointed with the "discreet" manner in which the government hanged Kasab. Pune lawyer Shrikan Shivade said, "Gen A S Vaidya's killers Jinda and Sukha were hanged without secrecy in Yerawada Jail in 1992. They were hanged when terrorism was at its peak. Why the secrecy? Nowhere in the world is a criminal executed secretly. It defeats the purpose of it being a deterrent in law."

Kasab's victims

Ajmal Kasab was held guilty of murdering seven people directly and 65 others in common intent with Ismail Khan. This included the killing of the skipper of Kuber, the fishing boat hijacked by the 10 Pakistani terrorists

Days of carnage

Mumbai was under attack for 60 hours, from 9.30pm on Nov 26 to around 9am on Nov 29.

Of the 166 victims, 140 were Indian (including 18 security personnel) and 26 foreigners. Of the 238 injured, 217 were Indian (including 37 security personnel) and 21 foreigners.

Overall monetary damage was pegged at about 150cr.

35 accused, including Pakistani masterminds, still at large.

Apart from Kasab and Ismail, the other eight terrorists were Bada Abdul Rehman (Hafiz Arshad), Javed, Soheb and Nazir Ahmed (Taj); Chhota Abdul Rehman and Fahad Ullah (Trident); Nasir and Imran Babar (Nariman House)

Death penalty in Maharashtra

People executed since 1950 - 57 (including Kasab)

People currently on death row - Over 50

First person to be executed - Panchakodi Nandalal on Aug 25, 1950.

Last person to be executed - Sudhakar Joshi on Aug 26, 1995

Women on death row - Renuka Shinde and Seema Gavit. They allegedly kidnapped 14 children and used them to commit robberies before killing them.

Last high-profile execution

Harjinder Singh Jinda and Sukhdev Singh Sukha were executed in Yerawada Jail on Oct 9, 1992, for the murder of Army chief Gen A S Vaidya, who supervised Operation Blue Star. Before the sentence was carried out, security was heightened around the Pune prison and the city. Forces were deployed to fend off any possible militant attack even in north India.


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