Mohd Ajmal Amir Kasab vs. State of Maharashtra


Court :
Supreme Court of India

Brief :
In the aforesaid facts the judges were firmly of the view that there is no question of any violation of any of the rights of the appellant under the Indian Constitution. He was offered the services of a lawyer at the time of his arrest and at all relevant stages in the proceedings. Also, the court held that in the absence of a lawyer at the pre-trial stage was not only as per the wishes of the appellant himself, but that his absence also did not cause him any prejudice in the trial. The prime accused Kasab was awarded five death sentences, five life imprisonments and 66 years and a month of rigorous imprisonment and a fine of Rs. 1,36,9000/-. Supreme Court upheld the death sentence on August 29, 2012. Kasab’s mercy petition was rejected by President Pranab Mukherjee on November 5, 2012. All the sentences were confirmed by the High Court and Supreme Court. The petition for presidential clemency was turned down and he was executed. He was hanged to death at Yerwada jail in Pune on November 21, 2012 at 7:30 A.M., in complete secrecy. Kasab’s body is buried at an unmarked location in the Yerwada jail premises.

Citation :
29TH AUGUST, (2012) 9 SCC 1

FACTS-

1. Mohd. Kasab who was a Pakistani national was one of the ten men captured during the terrorist’s attacks that took place in Mumbai, 2008.

2. Ajmal Kasab and his comrades entered India illegally, bought arms and ammunition, fired indiscriminately and killed hundreds of people

3. Pakistan based terrorist militant organization Laskhar-e-Toiba not only mastermind the whole operation but also handled the terrorist, instructed and guided them in every step of the act.

4. Kasab and his comrades tried to wage war against the Government of India to liberate Kashmir, leaving 166 killed and 238 injured.

5. The prosecution filed an 11,000 page charge sheet against Kasab on February 25, 2009.

6. Several lawyers refused to represent Kasab citing ethical reasons. On April 1, 2009, advocate Anjali Whagmare agreed to represent Kasab.

7. The trial was postponed to April 17, 2009 after his lawyer had to be dismissed due to conflict of interest. She was replaces by Abbas Kazmi.

8. On February 21, 2011 the Bombay High court upheld the death sentence awarded by the trial court.

9. On July 30, 2011 Kasab moved to Supreme Court of India challenging his conviction. The Supreme Court appointed senior advocate Raju Ramachandran as amicus curiae and examined all the materials on record.

ISSUES-

1. Whether Kasab got free and fair trial before he got convicted?
2. Whether the death sentence awarded to Kasab was equitable?
3. Whether Kasab got a right to choose his own lawyer?

JUDGMENT-

In the aforesaid facts the judges were firmly of the view that there is no question of any violation of any of the rights of the appellant under the Indian Constitution. He was offered the services of a lawyer at the time of his arrest and at all relevant stages in the proceedings. Also, the court held that in the absence of a lawyer at the pre-trial stage was not only as per the wishes of the appellant himself, but that his absence also did not cause him any prejudice in the trial. The prime accused Kasab was awarded five death sentences, five life imprisonments and 66 years and a month of rigorous imprisonment and a fine of Rs. 1,36,9000/-. Supreme Court upheld the death sentence on August 29, 2012. Kasab’s mercy petition was rejected by President Pranab Mukherjee on November 5, 2012. All the sentences were confirmed by the High Court and Supreme Court. The petition for presidential clemency was turned down and he was executed. He was hanged to death at Yerwada jail in Pune on November 21, 2012 at 7:30 A.M., in complete secrecy. Kasab’s body is buried at an unmarked location in the Yerwada jail premises.

To read the full judgement, find the enclosed attachment

 

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