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Thursday, November 22, 2012

Kasab hanging - no operation Geronimo - a legal necessity


The killer Kasab has been hanged – legally rightfully – there could not have been other options and there is little to write more on that.  Still at the cost of being repetitive, here are some views on how it is being viewed.

First, a section of the Press tried to glorify that calling it operation X and going into the details of how secretly it was handled……………… remember, this was no Operation Geronimo or Neptune Spear – it was merely hanging of a prisoner who was in captivity and whose death sentence had been endorsed by all possible Courts of India

Some notoriously would harp on the opposition of the death penalty on principle — often in the face of intense public disapproval. Ever since that traumatic night when the Nation was held to ransom, still sending chills in the spines of all Nation lovers -  Kasab has justifiably been the face of evil for millions of Indians. He took part in a monstrous plot against the people of India and Mumbai, killed innocent people with abandon, and showed no remorse for his actions. Kasab has been proved to be a Pakistani national, a resident of Faridkot village in Punjab’s Okara district. Facing 86 charges, he was convicted on May 3, 2011, and three days later sentenced to death for waging war against India, murder and conspiracy, among other charges. His conviction was upheld by the Bombay High Court on February 21, 2011 and by the Supreme Court on August 29 this year. It is no surprise, therefore, that his execution Wednesday morning has been greeted with approval across the country. No loss of human life, however despicable the individual might have been, ought to be a reason for celebration. Instead, this should be a time of national reflection: reflection about crime, about punishment and about that cherished bedrock of our republic, justice.

The least one could do is to leave it at that and it should never be projected as handling brilliantly or an image make-over for the party in the run-up to the winter session of parliament by overshadowing other issues. It  should never become  an electoral plank for any party and politicians should shun using it.  The Press also should not be writing more on this.. today there is one article in The Hindu which read that by y not publicly disclosing the reasons for rejecting Ajmal Kasab’s mercy petition, Pranab Mukherjee missed an excellent opportunity to contribute to the rule of law.  The author wants the rejection reasons of the mercy petition be made public, as if it were not known and as if there could be more options. 

In the melee of cacophony, the words of Mr  K. Unnikrishnan, father of NSG commando Major Sandeep Unnikrishnan who was slain in a 26/11 terror attack in Mumbai, seem very practical – He is quoted as saying ‘ the execution of Ajmal Amir Kasab is not a matter to “rejoice over,” but a “legal necessity.”  In a TV interview, he clearly said, this hanging will not deter any terrorism as the hardcore militants might not change because of any singular incident yet, the debate on capital punishment is not relevant to the hanging of Kasab as the death penalty still existed in India.  He also spoke of the huge sum of money incurred in keeping Kasab in Jail and providing him security.  Kasab’s execution was necessary to serve as a “model punishment and warning.” Mr Unnikrishnan recalled the cold-blooded manner in which several people, including women and children, were gunned down in Mumbai.

with regards – S. Sampathkumar.

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