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Thursday, November 22, 2012

Jihadi Terrorist Mohammed Ajmal Amir Kasab and Indian Liberals

Mohammed Ajmal Amir Kasab, only one of the ten foot soldiers to be caught alive by the bravest of the brave police officer Tukharam Omble, was at last hanged until dead in the historic Yerawada Jail in Pune. The late Tukharam Omble must now feel that his duty as a law enforcement officer is now complete. Nothing gives a greater pleasure to a police officer than the court (in this case up to the highest court of the land) punishing the criminal caught by the officer. In this case, the sense of elatement must be phenomenal because Omble caught hold of the hot barrel of an AK-47 with his bare hand to catch a jihadi terrorist waging an urban guerilla war against our country. It was Shri Omble's bravest act and his martyrdom in the process that have conclusively exposed the villainy and perfidy of Pakistan. Not for nothing then that Shri Omble was awarded the Ashok Chakra, the highest peacetime gallantry award of this grateful nation.

The Government of India needs to be praised for the quick action once the mercy petition was rejected by the President of India. The only aberration in an otherwise well executed plan, was the burial of Kasab's body within the precincts of the jail itself. One associates Yerawada jail with the incarceration of intrepid freedom fighters for India's Independence from under the British yoke. That such a place should now permanently hold the remains of the incarnation of evil, Kasab, is somewhat troubling. It would have been better had Kasab been given a sea burial in international waters, if Pakistan refused to accept his body, as was done in the case of Osama bin Laden. There should have been no trace of this personification of evil left behind in India.

However, true to its tradition of being argumentative as well as being bleeding heart, some Indians have voiced their dissent to the execution of this evil-personified, Mohammed Ajmal Amir Kasab. These voices were heard even at the time the death sentence was pronounced by the trial court on May 6, 2010, later when the Mumbai High Court upheld the appeal on February 21, 2011. The trial court had convicted Kasab and awarded death punishment to him  on four counts of murder, conspiracy to murder, waging war against the country and committing terrorist activities under the Unlawful Activities Prevention Act  Though the trial court pinned 56 counts of murder on Kasab and his partner Abu Ismail, he was held solely responsible for seven deaths including three top Maharashtra police officers who were killed in their discharge of duties, ATS Chief Hemant Karkare, ACP Ashok Kamate, and Senior Police Inspector Vijay Salaskar.

These Indian liberals are at it again. See an earlier thread on this blog as to "Why Ajmal Amir kasab Should be Hanged Quickly". Leading the pack is the ex-Supreme Court judge, V.R. Krishna Iyer. Presiding over an organization called, 'People's Movement Against Death Penalty', he has termed Kasab's execution as an 'unconstitutional act'. One wonders how this learned ex-judge has today forgotten the Constitution of India. Indian Penal Code retains death penalty as of this moment of writing and hence the award of death and the implementation of the same are *not* unconstitutional as V.R.Krishna Iyer proclaims. Besides, Kasab has gone through all legal avenues open to him under the Indian Constitution and the award of his death penalty has been confirmed by the Bombay High Court as well as the Supreme Court of India as the 'rarest of rare case' fit for death by hanging. In fact, the Supreme Court opined that Kasab's was the rarest of the rare case to have ever come before it since the birth of the Indian Republic itself. His mercy petition had been reviewed by the Ministry of Home Affairs which sent its recommendation rejecting it to the President of India. The President of India applied his mind and rejected the mercy petition, after which Kasab was executed. Where is breach of constitutionality in this chain of events ?

He goes on to claim that Kasab's 'execution was no solution to crime'. Does the learned ex-judge recommend the dissolution wholesale of the Criminal Procedure Code because this argument can be taken to the extent that no punishment was solution to any crime, why only death penalty. Punishment for a proven crime serves two purposes, one dispensation of justice under a duly established justice system and two deterrence against further occurrences of a similar crime as it sends a clear message to potential criminals as to what they can expect. It might have other effects as well such as establishing the writ of a nation-state or bringing a sense of closure to the aggrieved party etc. The question to ask therefore is why should one say that 'execution was no solution to the crime'. Mr. Krishna Iyer answers that by claiming that " there was scope to reform the convict through rigorous imprisonment"

Is Mr. V.R.Krishna Iyer right when he claims that there was scope for reforming Kasab, making him abhor violence stemming out of religious bigotry and hatred and making him a productive member of a civilized society ? Mr. V.R.Krishna Iyer has given no reason as to how he knew that Kasab was quite amenable to reformation had he been awarded rigorous imprisonment. However, we can only go by evidences of news snippets that have regularly appeared over the years regarding his behaviour during incarceration. Going by those, one can easily conclude that Shri V.R. Krishna Iyer is over the top when he makes his fantastic claim that Kasab would have reformed.

We will first go by the statements of the equally learned judges (as Shri V.R.Krishna Iyer) of the trial court, the Bombay High Court and the Supreme Court.

The Special Anti-terror Court of M.L.Tahaliyani said in its judgement, "In the court's opinion, Kasab has no chance to reform. Keeping such a terrorist alive will be a lingering danger to the society and the Indian government," He also said, "The Probability of reform is ruled out. The way he has committed the offence doesn't give scope for it. The court has noted that this man has voluntarily gone to the doors of the LeT in Rawalpindi. He Himself offered to become a mujahid".   The Bombay High Court similarly discounted the possibility of reforming Kasab. It said, "There is no scope of reform or rehabilitation of the convicted-accused. It is a rarest of rare case and the court cannot be more confident than it is today that death penalty must be given."

Let us also look at how Kasab himself behaved during the four years he was a captive. Did he betray any emotions that would have hinted at him being amenable to reformation as Shri V.R. Krishna Iyer conveniently claims ? While confessing before the magistrate, he was angry with himself that he could not kill more Indians. That was why the public prosecutor, Ujwal Nikam, characterized Kasab as a 'killing machine manufactured in Pakistan'.

At no point of time in the four years, whether in private or in his appeals to the court, did Kasab express any remorse for his evil acts. The Bombay High Court observed, "Kasab has never shown any remorse after his arrest and we have observed that even on video conference he has not shown any signs of regret".  In the Special Leave Petition to the Supreme Court, he simply requested for leniency because he was 'brainwashed like a robot, in the name of God' and that he was 'too young to die'. Countering this argument, the Supreme Court said, "We are unable to accept the submission that the appellant was a mere tool in the hands of the Lashkar-e-Taiba. He joined the Lashkar-e-Taiba around December 2007 and continued as its member till the end, despite a number of opportunities to leave it".  Kasab neither apologized for his actions, nor did he feel any remorse at any point of time. "He kills without the slightest twinge of conscience," the supreme court said and added "Unfortunately, he is wholly remorseless and any feeling of pity is unknown to him". How Shri V.R. Krishna Iyer alone concluded that Kasab was fertile for reformation is better left to him to explain. He has not bothered to explain that except to say that Kasab could have been reformed.

Apart from the fact that Kasab was unapologetic and unremorseful until the very end and hence not a candidate for any reformation, there was every possibility that a Kandahar-type operation could have been mounted by Pakistan to free him. This was the fear expressed also by the learned judge M.L.Tahaliyani of the special trial court when he said, "If Kasab is kept alive, this situation may occur again".

The appalling depths to which this nation has fallen is proved by the utterances of the liberals who demand a kid-glove treatment even when day-in and day-out ordinary and innocent Indians are subjected to terror of the worst kind from the likes of Kasab and his masters. if these jihadi terrorists are amenable to reformation, why don't these bleeding hearts go across the border and reform them ? Their task has been now made easy by the liberalized visa regime. If they are not willing to do that, they should simply shut up and let the State and Judiciary follow the Constitution of this land.

 

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