26/11: Kasab guilty; Ansari, Sabauddin Shaikh acquitted

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Lord Nemesis

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Pakistani terrorist, Ajmal Amir Kasab, charged with the deaths of 166 Indians and foreigners, has been found guilty of all charges by Judge M L Tahaliyani. The special court, however, found his two Indian co-accused -- Faheem Ansari and Sabauddin Shaikh, have been acquitted.

Kasab has been convicted on all 86 charges against him. Kasab was found of all guilty and waging war against the nation, the court said while delivering the judgment. The conspiracy was hatched in Pakistan, judge M L Tahaliyani said.

The two Indians were set free by the court because the evidence against them was weak.

This verdict is the biggest terror trial the city has witnessed in recent times.

There was extremely tight security around the court premises as the verdict was being delivered. Some reporters were allowed inside court, however, use of mobile phones or any other devices was strictly prohibited.

The prosecution had gathered a heap of evidence against Kasab and presented strong arguments that are capable of sending him to the gallows. Special prosecutor Ujjwal Nikam charged Kasab with not just the criminal acts of killing and injuring scores of innocent people, but has termed him guilty of the entire conspiracy that went into planning and executing the dastardly attack.

Nikam argued that Kasab is a highly trained and motivated member of the Pakistani terror outfit Lashkar-e-Taiba (LeT) who underwent months of training in weapons and intelligence so he could execute the well-planned attack on Mumbai. Nikam has also relied on scores of witness testimonies in a bid to establish Kasab's role in the killing of innocents at CST and Cama Hospital, the gunning down of senior policemen in Badruddin Tyabji Lane and the final gunbattle at Marine Drive.

The prosecution's main argument had been that Kasab is a cold-blooded killer whose guilt has been established both through human accounts of the night of November 26, 2008, as well as forensic evidence in the form of DNA reports.

The case against Ansari and Shaikh revolved around Kasab's confession to magistrate R V Sawant Waghule in February 2009. Kasab had said that the duo supplied maps of Mumbai to LeT bosses. Thus, they gave logistical support to carry out the attack.

In his defence, Kasab had maintained that he was an innocent Pakistani who was picked up several days prior to the attack. He has insisted that the terrorist caught on CCTV is not him but a lookalike. He also rubbished all witness testimonies as tutored and given at the behest of police officials.

Both Ansari and Shaikh had denied all wrongdoing. Their main argument is why would the LeT rely upon crude maps allegedly supplied by them when far more sophisticated versions were easily available on the internet. After the arrest of American David Coleman Headley, they also argued that recce work for the attack was done by him and they had been framed needlessly in the case.

In September 2006, after 13 years of arguments, the Tada court had begun giving its verdicts in the 1993 serial blasts case. It was the last major trial in recent times.
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26/11: Kasab guilty; Ansari, Sabauddin Shaikh acquitted - India - The Times of India
 
with the existing government in power i don't think he will be hung to death - i think he will get life imprisonment. and i am not surprised with the news of the others being acquitted - this was expected.
 
It was almost decided that he will be declared guilty, BUT lets remember he was just the final puppet firing bullets, real conspirators are still roaming free. IMO justice is yet to be done.

@asingh: he has been declared guilty, a separate date will be fixed for arguments on the quantum of punishment, its not 14 yrs or 20 yrs. Its either death or life imprisonment.
 
setuniket said:
@asingh: he has been declared guilty, a separate date will be fixed for arguments on the quantum of punishment, its not 14 yrs or 20 yrs. Its either death or life imprisonment.
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That is what I was asking...what type of life imprisonment. I doubt they will hang him..! 14 or 20 or till natural death.
 
Arihant.EXE said:
^ Life imprisonment, unless awarded with a multiple number, is 14 years.
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asingh said:
That is what I was asking...what type of life imprisonment. I doubt they will hang him..! 14 or 20 or till natural death.
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After the 2005 Supreme Court judegement in this regard the law is clear. Life imprisonment is for life(till death the convict is imprisoned) and NOT 14 or 20 years.

Early release/commutation of sentence in not matter of right, its a matter of executive discretion.

I am pretty sure that he will be awarded death sentence, with the kind of charges proved against him(especially waging war against country), he wouldnt live in jail at our expense.
 
^^ Life imprisonment is 14 years and as far as I know we don't have compounding punishments. Can you post a link for the 2005 amendment you mentioned.

As for death sentence, even if its given, one or the other useless and meddlesome human rights group would be ready to get it converted to Life imprisonment. Our country is very slack in terms of punishment. Thats why even our country men don't care about the law.
 
Its a supreme court judgement(and not amendment) which clarifies the term of 'life imprisonment', I have news clip and not the judgement, it was reported in all the national newspapers in 2005

Life imprisonment means whole life: SC

We have compounding punishments but only in limited offences. He will be hanged, sooner or later. HR groups wouldnt do this mistake.
 
setuniket said:
It was almost decided that he will be declared guilty, BUT lets remember he was just the final puppet firing bullets, real conspirators are still roaming free. IMO justice is yet to be done.
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QFT
kasab was just the tool ... the real culprits are ones that gave him the gun and the direction to shoot ... until they are put down justice will not be served.
 
i think the government is waiting for some plane to be hijacked n then releasing kasab in return.

and maybe ram gopal verma will make another 'Zameen' based on that.
 
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