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| Rule of Law and terrorists | | | S. Narinder Singh | 10/19/2011 12:42:24 AM |
| India is a largest democratic country in the world
where rule of law prevails and is Supreme. Ajmal Kasab, who along with nine other Pakistani terrorists landed in Mumbai on November 26, 2008 from Karachi by sea, laid 60 hours siege of the metropolis and killed 166 innocent people in the carnage. Pakistani terrorist Ajmal Kasab the lone surviving Gunman from Mumbai attack was sentenced to death by a special Anti terror court on May 6, 2010. The Mumbai high court in its verdict of 21 Feb 2011 had confirmed the death sentence to Kasab for brutal and barbaric killing of innocent people and waging war against the nation. Now on 10thof oct 2011, Supreme Court stayed the death sentence awarded to the Pakistani terrorist, Ajmal Kasab, on the ground that "Rule of law is Supreme in the Country and the due process of law has to be observed". A special Bench comprising of justices Aftab Alam and C.K . Parsad also observed that many people in the country are against the appeal by 24 year old Kasab which should be "rejected" out rightly and should not be heard at all. Despite the fact that majority of people in our country are of the view that the appeal should be outrightly rejected, the Bench com-plimented Senior counsel Raju Ramachandran for taking up the 2008 terror attack case and agreed to Assist the court. Not only this even former solicitor General Gopal Sub-ramaniam appearing for Maharashtra Govt., agreeing with the bench's view favours the idea that the due process of law has to be maintained. Moreover, while staying the execution, apex court said it would like to hear the matter at length. "as the rule of law is supreme in the country and the due process of law has to be observed". Besides this, it allowed Kasab to amend his special leave petition and asked him to furnish additional grounds to challenge the death sentence awarded by the special court and confirmed by Mumbai high court. Pakistani terrorists Mumbai attack 2008 was a attack on humanity which was condemned by the whole of world. It is not known what prompted the judiciary to take lenient view against mass killers who are trying to destabilize the nation and country as whole. Perhaps it may be due to procedural wrangles. The country had not yet forgotten the shock of serial blasts caused by terrorists in Mumbai during 1993, assassination of former P.M Mr. Rajiv Gandhi, Parliament attack 2001, an another attack on Mumbai on 26 Nov 2008 resulted in heavy loss of human lives and property. Terrorists have threatened to cause similar blasts/attacks in Delhi and other parts of the country. Such attacks by the terrorists are always pre-planned with the aim to create havoc and destabilize the nation by their mentors across the country. So there is no point in agreeing with terrorists pleas that their brain and mind had been washed by their mentors to commit heinous crime in the name of God. Such antinational, barbaric and brute elements are taking undue advantage of rule of law prevailing in the country. Courts should take in view the circumstances while following process of law. The hard core terrorists who come with a target to kill innocent masses should not go unpunished, rather deterrent punishments should be given to them so that such crimes are not repeated. Courts should proceed very cautiously taking in view the national interests in deciding such cases. The grounds furnished by Kasab in his special leave petition against the death sentence are not justified in any way. His plea that he was brain washed like a "Robot" into committing the heinous crimes in the name of "God" and that he does not deserve capital punishment, owing to his young age has no relevance. If such pleas of the criminals whose main motives are to indulge in massacres of common and innocent people and waging war against the country are accepted, then no criminal would be punished and thus terrorists' destructive activities will get a boost.
He is justifying his barbaric, brutal and beast like horrifying actions on the ground that "his mental and moral faculties are not fully developed at such a young age and he failed to see the difference between the right and wrong and made to believe that he was acting in the name of "God" while committing heinous offences". All such arguments and reasons should not come in the way of justice because such killers of humanity are trained like that; their brains are always washed to commit heinous crimes. If such killers of the society are not given deterrent and exemplary punishments then terrorism will flourish and existence of humanity and nation will be in danger. Moreover, wrong signal will go to the sufferers of Mumbai terror attack 2008 in which they lost their dear ones.
The wounds and scars of the families of the deceased are still fresh and want that culprits should meet the same fate. Besides other reasons, Kasab the sole convict in the case has challenged the death sentence on the ground that his confessional statement had no evidentiary value as there was no corroboration. What sort of evidence is required when 166 persons were openly massacred by Pakistani terrorists? Kasab's death penalty was upheld by the Mumbai high court on the charges of criminal conspiracy, waging war against the nation and various other provisions of IPC and anti-terror law. Now the question arises whether the special anti-terror court and high court while confirming the death sentence has not observed the due process of law and rule of law. However, Supreme Court is of the view that the due process of law should be observed to establish "The Rule of Law". Justice Alam has fixed Jan 2012 for further hearing in the matter. However, no more delay should be caused in deciding the matter as "Justice delayed is Justice denied". The special bench should keep in view the circumstances and the magnitude of the Mumbai attack of 26 Nov 2008, while delivering the judgment. The court should not be swayed away by the false pleas of already established criminals of mankind. Govt. should formulate stringent laws to curb the terrorists. If the terrorists responsible for assassination of former P.M Rajiv Gandhi, Parliament attack 2001 and Mumbai attack Nov 2008 would have been punished by now the world would have come to know that in India stringent law exists, terrorists and antinational elements would not have dared to enter our territory for committing heinous crimes. |
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