Apex court’s observations in Kasab case

August 29th, 2012 - 10:52 pm ICT by IANS  

The Supreme Court’s observations while upholding the death sentence for Mumbai terror attack convict Ajmal Kasab:

* The saddest and the most disturbing part of the case is that Kasab never showed any remorse for the terrible things he did…even in the course of the trial he was never repentant and did not show any sign of contrition.

* He kills without the slightest twinge of conscience.

* The alternative option of life sentence is, thus, unquestionably excluded in the case of Kasab and death remains the only punishment that can be given to him.

* We are unable to accept the submission that Kasab was a mere tool in the hands of the Lashkar-e-Taiba.

* There is no question of any violation of any of the rights of the appellant under the Indian constitution.

* Hardly one come across a case, where court does not resort to “certain probability” as working substitute for proof beyond all reasonable doubt.

* In the case in hand, the evidence, oral and documentary, reference of which have copiously been made in the judgment, make me believe that “absolute certainty” may not necessarily be a myth or fake in all cases and can be a reality.

* In the initial weeks after his arrest, Kasab continued to regard himself as a “watan parast”, a patriotic Pakistani, who considered himself to be at war with this country.

* Kasab’s refusal to accept the services of an Indian lawyer and his demand for a lawyer from his country…when Pakistan was denying that he was even a Pakistani citizen, might have been impractical, even foolish.

* He told the magistrate that he had absolutely no regret for whatever he had done and he wanted to make the confession to set an example for others to become fidayeen like him and follow him in his deeds.

* It is true that he is not educated but he is a very good and quick learner, has a tough mind and strong determination. He is also quite clever and shrewd. Unfortunately, he is wholly remorseless and any feeling of pity is unknown to him.

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