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Death sentence for Kasab

By The Assam Tribune

MUMBAI, May 6 � Pakistani gunman Ajmal Kasab was today sentenced to death for the Mumbai terror attack by a special court which held that keeping him alive will be a �lingering danger� to society from a person who has no chance of reform, reports PTI.

�Kasab shall be hanged by the neck until death,� Special Judge M L Tahaliyani said while reading out the sentence awarded to the 22-year-old lone surviving terrorist in the November 26, 2008 carnage in which 166 people were killed.

Bringing the curtains down on one of the fastest trials in a terror case three days after finding him guilty, the judge sent Kasab to the gallows on five counts�mass murder, abetment of murder, waging war against the Indian state, conspiracy and terror, offences covered under Indian Penal Code and Unlawful Prevention of Activities Act.

The death sentence will be subject to confirmation by the Bombay High Court. If ratified, Kasab, a foot soldier of Lashkar-e-Taiba (LeT), can also appeal against it in the Supreme Court to be followed by a mercy petition to the President if it fails.

Kasab was also handed down life sentence on an equal number of counts�attempt to murder, conspiracy to wage war, collecting arms with an intention to wage war against the nation, kidnapping in order to commit murder and causing explosion to endanger life or property.

Kasab, who wore a white kurta-pyjama, sat stoically through the proceedings in the specially created courtoom in the high-security Arthur Road jail, lowered his head and was seen sobbing as the judge read out the sentence.

After pronouncing the sentence, the judge asked Kasab to stand up and explained to him the verdict in Hindi.

�For conspiring with Pak-based LeT, for committing murders and for waging war against India, you will be hanged till death,� the judge told Kasab, who just nodded.

�Keeping Kasab alive would be a lingering danger to the society and the Indian government.

�The possibility of Kasab reforming is completely ruled out by the barbaric manner in which he had behaved. When the planned attack was delayed he was very anxious to attack India ....There are too many aggravating circumstances and the court has no option but to impose death penalty,� he said.

Flashing the victory sign, Public Prosecutor Ujwal Nikam, who expressed happiness over the capital punishment, described Kasab�s sobs as �crocodile tears.�

�I am happy because my effort to bring relief to the families of those killed by terrorists has met with success,� said Nikam for whom Kasab was the 38th person to be given death penalty in a case handled by him.

Kasab�s laywer K P Pawar said he would not criticise the judgment but his client has a right to appeal. The verdict evoked instant reaction with people bursting crackers outside Chhatrapati Shivaji Terminus(CST) where Kasab was caught on camera killing people.

The court cited the example of 1999 Kandahar plane hijack incident in which dreaded terrorists were released in exchange for passengers.

Kasab was on May 3 convicted of almost all the 86 charges.

Justifying death penalty for Kasab, the court observed, �The life of any person who wages war against the country stands forfeited�.

The judge also said that Kasab had no remorse for his actions and hence there was no chance of rehabilitation or reformation.

He observed that Kasab was mentally prepared to attack India and had voluntarily joined LeT in Rawalpindi and offered himself to be a �Fidayeen� (suicide killer).

While reading out the sentence, he observed �the terror acts were meticulously planned with use of modern equipment and techniques and necessary precautions were taken to see that the attack was a success�.

�There are no words to explain the extent of brutality ...There are no circumstances to create a balance in favour of the accused and he does not deserve lesser punishment,� Judge Tahaliyani observed.

While remaining non-commital on whether he would move a superior court in appeal, Kasab�s lawyer K P Pawar said �I will be given an opportunity to meet him. Then I will ask him and then it (whether to file an appeal) will be decided.

Prosecutor Nikam urged the court to levy compensation for damages to property to the tune of Rs 155.73 crore. Asked by the Judge who will pay it, he shot back saying LeT should shell out the fine.

The court, however, said it was disinclined to consider Nikam�s plea after which he did not press for it.

Crime Branch chief Himanshu Roy said the judge has correctly convicted Kasab and awarded death penalty.

�We welcome the sentence. I feel it was very a important probe. Those thinking about terror activities against the country will also have an adverse impact,� he added.

On May 3, Kasab was pronounced guilty under various sections of IPC, Arms Act, Explosives Act, Explosive Substances Act, Railways Act, Passport Act, Customs Act, Prevention of Damage to Public Property Act and Unlawful Activities Prevention Act.

He was today sentenced for periods ranging from one month to seven years rigorous imprisonment under various sections of these acts. Kasab was also imposed a fine of over Rs 1.5 lakhs on various counts. In default he may have to undergo further imprisonment.

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