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Tuesday, September 18, 2012

Why should the President admit Kasab's mercy petition ?


How long will this farce continue.  It is all about article 72 of the Constitution of India.  The heinous crime occurred on 26th Nov 2008 and years later on 29th Aug 2012, Indian Apex Court upheld the death sentence to the terrorist Ajmal Kasab.  How can the Nation forget those innocent citizens killed; those valiant Police and Military Officers who lost their lives in fighting for ourselves…………………

those valiant soldiers who fought to save the Nation


A pardon is the forgiveness of a crime and the cancellation of the relevant penalty; Clemency means the forgiveness of a crime or the cancellation (in whole or in part) of the penalty associated with it.   We have already seen how the so called human rights group appealed for clemency to Afzal – some like Arundhati Roy and Praful Bidwai  went to the extent of castigating the trial and argued that Afzal has been denied natural justice.  To them, those who lost their lives and their families will never appear in their eyes – they are after all ordinary innocents.  One has to commit heinous crime, to get their support !

Now it is the turn of the Mumbai terror attack convict Mohammed Ajmal Amir Kasab.  Today’s news is that he  has moved a mercy petition before the President Pranab Mukherjee, almost a fortnight after the Supreme Court upheld his death sentence in the 26/11 case.  Procedures and more procedures to ensure that he lives at the cost of Indian Govt and tax paying Indian citizens – Kasab the killer, had been given a certified copy of the Supreme Court verdict confirming his death sentence last week.

On August 29, the Supreme Court had confirmed the death penalty awarded to the LeT operative by the trial court and later upheld by the Bombay high court.  A bench of justices Aftab Alam and C K Prasad had dismissed the 25-year-old's plea challenging his conviction and death sentence in the 26/11 case.  The World will never forget Kasab and nine other Pakistani terrorists who  landed in south Mumbai on November 26, 2008 by sea from Karachi, went  on a shooting spree at various places, killing 166 people, including foreigners.

Is mercy petition is really an option, and should it be available to foreign Nationals, who were engaged in activities against our Mother land ? Are we weak-kneed and how much will we bend continuing such farcical moves !

Earlier the ruling Congress Party welcomed the Supreme Court verdict upholding the death sentence of Ajmal Kasab.  "...Now, he should be given complete sentence quickly. Punishment should be executed quickly," Congress general secretary Digvijaya Singh said reacting to the Supreme Court verdict on Kasab's appeal against his conviction and sentence. Upholding the death sentence of Kasab, the court said that waging war against the country was the primary and foremost offence committed by the Pakistani terrorist.

Maharashtra home minister RR Patil has welcomed the Supreme Court's verdict upholding the death sentence of Ajmal Kasab and demanded the sentence be executed at the earliest.   Maha State Congress president Manikrao Thakre also welcomed the Supreme Court order.   President Pranab Mukherjee should "summarily dismiss" Mumbai terror attack convict Mohammed Ajmal Amir Kasab's mercy petition, Shiv Sena said today.

How long will this continue …….. will the State take action at all, even after the Supreme Court upheld the judgment.  The Indian Constitution grants clemency powers to the President and the Governors of States, respectively through Articles 72 and 161 of the Constitution of India, respectively. The purpose was to add a humane approach by means of a reprieve or mercy. In matters pertaining to public welfare, it becomes necessary to see whether granting pardon overturns the intention of the conviction. – how and why that should be allowed for subversive activities and acts against the Nation, that too for a foreign National – why nobody is asking ??

Article 72(1) in The Constitution Of India 1949
(1) The President shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence
(a) in all cases where the punishment or sentence is by a court Martial;
(b) in all cases where the punishment or sentence is for an offence against any law relating to a matter to which the executive power of the Union extends;
(c) in all cases where the sentence is a sentence of death

Uphold the Constitution, but only when the act was a mistake or one done in a fit of rage – not planned terrorism which maimed hundreds and killed a few hundreds more…….

With regards – S. Sampathkumar
18th Sept. 2012.

1 comment:

  1. How Kasab got the rgt to file a mercy petition he is not Indian, from doing this our goverment is inviting more terrorist for doing such things again... God Bless our country

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