26/11: SC stays Kasab’s execution

Agencies

New Delhi, 10 October 2011: The Supreme Court, Monday, stayed the execution of Pakistani terrorist Ajmal Kasab on the basis of his plea challenging his conviction and death sentence in the 26/11 Mumbai attacks case.

 

Kasab, the sole convict in the case, had filed the petition through jail authorities in the apex court which appointed senior advocate Raju Ramachandaran as amicus curie to assist it in deciding the appeal.

 

A bench of justices Aftab Alam and Ranjana Prakash Desai has issued a notice to the Maharashtra government on the matter. The court also made it clear that it will decide on the execution of Kasab only after amicus curie Ramachandaran submits his report.

 

 

However, during the hearing, Justice Alam made some strong comments against Kasab. “This man (Kasab) does not deserve any appeal… but it’s the judicial process and that has to be respected.”

 

However, legal experts are of the view that the SC’s decision to stay the death sentence awarded is usual procedure as the appeal filed by the accused has to be heard before the court delivers its verdict.

 

The Bombay High Court had in its February 21 verdict upheld the trial court order of death sentence of Kasab for the "brutal and diabolical" attacks aimed at "destabilising" the government.

 

Kasab’s death penalty was upheld on charges of criminal conspiracy, waging war against the nation, IPC section related to murder and under sections of Unlawful Activities (Prevention) Act.

 

The Bombay High Court had also upheld his conviction on 19 counts under IPC, Arms Act, Explosives Act, Explosive Substances Act, Foreigners Act, Passport Act and Railway Act.

 

Kasab, the sole 26/11 terrorist captured alive, had been sentenced to death by a special anti-terror court on May 6 last year.

 

He and his accomplices had landed at Budhwar Park in South Mumbai on November 26, 2008 night from Karachi by sea and went on a shooting spree at various city landmarks, leaving 166 people dead and many more wounded.

 

The trial court had acquitted Faheem and Sabauddin.

 

On September 2, the apex court had agreed to hear the plea of Maharashtra government against the acquittal of two accused Faheem Ansari and Sabauddin Ahmed in the 26/11 case.

 

It, however, had refused to pass any order on Kasab when the state government pleaded that his letter to the Supreme Court challenging his death sentence should be tagged with this appeal.

 

"We are taking a step regarding this (Kasab’s letter)," the bench had said.