LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Everybody in India feels that the Kasab Judgement came too late after 4 yrs its too late.After spending 50 crores on his trial it is wrong and Indian government is not concerned about his death.Well the real truth is different from what people presuming.


Well Actually everybody in the nation is bounded by constitution and our constitution is supreme.Even the parliament is bounded by the constitution.If we really want to show the world that we are the true democracy and we really bounded by the constitution then we have to follow the guidelines setup by the constitution.

1. The Constitution under Article 14 guarantees the right to equality before the law. The Code of Criminal Procedure also provides that for a trial to be fair, it must be an open court trial. This provision is designed to ensure that convictions are not obtained in secret. In some exceptional cases the trial may be held in camera.

Every accused is entitled to be informed by the court before taking the evidence that he is entitled to have his case tried by another court and if the accused subsequently moves such application for transfer of his case to another court the same must be transferred. However, the accused has no right to select or determine by which other court the case is to be tried.

So in order to bring this fair trial first of all the proper Investigation took time roll of each of the accused and Kasab was taken on record and proper evidences were collected like as the case may be for any other form.

This took time every piece of information collected has to be in sync with charges framed,

2. Security of the accused was an Important factor as it was important to conduct fair trial so accused has to be in good medical condition.This amounts to money that was spent on Kasab.

3. We Know that Mumbai Attacks had an Impact on every Indian it was worst than 9/11. Everybody is outraged that why so much amount of people money is spent on a person who killed thousands of people. So the Answer is that we are democratic nation but our actions should also be democratic. Equal opportunity to everyone is our motto so why exclude Kasab. If we declare that give him death without any fair trial than we are actually contradicting our self.We would set an Example that we say we are democratic but do our action like dictatorship just like Pakistan than what would be difference between us and pakistan. We are a great nation that greatness should also be reflected on our actions this can only be achieved by following our constitution.

4. Section 374 of the Criminal Procedure Code, 1973 states that any person convicted on a trial held by a High Court in its extraordinary original criminal jurisdiction may appeal to the Supreme Court. Any person convicted on a trial held by a Sessions Judge or an Additional Sessions Judge or on a trial held by any other Court in which a sentence of imprisonment for more than seven years has been passed against him, may appeal to the High Court. Any person convicted on a trial held by a Metropolitan Magistrate or Assistant Sessions Judge or Magistrate of the first class, or of the second class, may appeal to the Court of Session.

Any miscarriage of justice that demonstrates prejudice to the accused is a potential ground of reversal of the trial on appeal.However, any mistake which does not jeopardize the fundamental fairness of the trial is not grounds for reversal on appeal. By way of example, if a case which should have been tried as a warrant case is tried as a summons case (where the standards for recording of evidence are lower) there would be grounds for reversal, but the same would not be true in reverse. It the best practice to bring up irregularities as soon as possible during the case, rather than to present them on appeal. However, an appeal cannot be thrown out only because irregularities were not brought up during the original trial. Finally, a strong case for reversal on appeal would be if police discounted evidence which could have helped exonerate the accused.A full list of irregularities which do or do not overturn a trial on appeal are listed in the Cr.P.C.

If it appears to the Magistrate by whom the case is heard that there was no sufficient ground for causing an arrest, the Magistrate may award such compensation, not exceeding one thousand rupees, to be paid by the person so causing the arrest to the person so arrested, for his loss of time and expenses in the matter, as the Magistrate thinks fit. Criminal charges may also be filed on the police for wrongful confinement.

In kasab case same thing happened so again it took time.

Again he has a right to review petition and also clemency petition.

But in the end justice wins.

"Loved reading this piece by Nitish Banka?
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"

Tags :

Category Criminal Law, Other Articles by - Nitish Banka 


Post a Suggestion for LCI Team
Post a Legal Query