Monday, July 6, 2020

Ajmal Kasab Case: Mohd. Ajmal Amir Kasab vs State of Maharashtra

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Mohd. Ajmal Amir Kasab: Found Guilty In The Horrific 26/11 Mumbai Attacks

versus

State of Maharashtra

(Ajmal Kasab Case)

 

Citation: (2012) 9 SCC 1

Bench Composition:  Aftab Alam, Chandramauli Kr. Prasad

No. of judges: 2

Acts Referred:

  • Indian Penal Code, 1860
  • Evidence Act, 1872
  • Criminal Procedure Code, 1973
  • Constitution of India

Facts:

  • Kasab was one of ten men captured during the terrorist attacks that took place in Mumbai in November 2008. Kasab was born on September 13, 1987 in Faridkot.

 

  • The prosecution filed an 11.000 page chargesheet against Kasab on February 25, 2009.
  • Several lawyers refused to represent Kasab citing ethical reasons. On April 1 2009, advocate Anjali Whagmare agreed to represent kasab.
  • His trial was scheduled to start on April 15, 2009 but was postponed to April 17, 2009 after his lawyer Whagmare had to be dismissed due to a conflict of interest.She was replaced by Abbas Kazmi.
  • On February 21. 2o11. the Bombay High court upheld the death sentence awarded by the trial court. The Bench comprised Justice Ranjanaa Desai and Justice Ranjit More.
  • On July 30. 2011, Kasab moved the 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 first hand.

Judgement:

  • Supreme Court Bench upheld the death sentence on August 29. 2012.
  • Kasabs mercy petition was rejected by the President. Pranab Mukherjee, on November 5, 2o12.
  • He was hanged to death at Yerwada jail in Pune on November 21, 2012 at 7.30 am, in complete secrecy. Kasab’s body is buried at an unmarked location in the Yerwada jail premises.

 

Media Coverage:

  • Authorities in Uttar Pradesh banned all celebrations and public gatherings and placed the state on high alert in response.
  • The Coimbatore City Police took a group of people in Coimbatore into preventive custody for celebrating Kasab’s execution.
  • A senior LeT commander issued an anonymous statement, saying Kasab was a hero who would “inspire more fighters to follow his path.”
  • In Pakistan, the general and official government response was muted, with the media treating the execution as another news item, according to The Hindu.
  • Though some journalists attempted to elicit statements from villagers in Kasab’s village of Faridkot, they met with a hostile response.
  • While commending on the well appreciated role of two women officers in the smooth handling of the execution, Patil later responded to threats to avenge Kasab’s death by stating that anybody daring to attack the soil of Maharashtra would meet the same fate.
  • The Pakistani Taliban’s spokesman Ehsanullah Ehsan issued a statement threatening Indians in regard to execution of kasab.

 

  • Hafiz Saeed and thousands of others offered ghayabana namaz-e-janaza(funeral prayers in absentia) for Kasab at a Jamaat-ud-Dawah.
  • Hundreds of others in Srinagar (jammu and Kashmir) also offered similar prayers at the appeal of Syed Ali Geelani.

 

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