For Kasab, it's now a question of when

  • IANS, New Delhi
  • Updated: Aug 30, 2012 12:33 IST

With the Supreme Court upholding the death sentence for Pakistani terrorist Kasab, lawyers say he is now left with little legal recourse.

Top lawyers opine that the best the convict can hope for now is a delay in the execution of the sentence. There is only a very slight possibility that Kasab could escape the gallows.

"Kasab has a very narrow window to escape the gallows, the reason being that three courts, from the trial court to the Supreme Court, have all given identical judgments of his guilt as also the adequacy of the sentence," says Majid Memon, a well known criminal lawyer.

"Under the Constitution of India, his last resort would be a mercy petition which may take some time," he says.

Senior advocate Aman Lekhi says Kasab could exercise some legal options which could delay the execution of the sentence.

"He has some legal remedies. He could seek a review, after that he could go for a curative petition. He can apply for pardon (mercy petition) and if that is denied, he can challenge the refusal, getting a juridical review again," says Lekhi.

Satya Pal Jain, also the head of Bharatiya Janata Party's legal cell, however, says a review petition may not work in Kasab's favour.

"In criminal matters, there is not much scope for a review petition. The sentence awarded to him is by three courts. He was given 44 months and allowed to exhaust all legal avenues. This shows the fairness of India's judicial system," Jain says, adding, "In his case, a review should not even be allowed."

Many lawyers also said that the sentence should be executed as soon as possible.

"The feelings of the victims of the crime, the Mumbaikars and all Indian people almost unanimously is that his death penalty must not remain a paper punishment. Let the process of entertaining and disposing his mercy petition, if any, be expedited. Let the death penalty be executed on this heinous offender soon," says Memon.

Lekhi and Jain also say that execution of the sentence may get delayed if political will is lacking.

"Delay is a political practice in this country. Deciding on whether he would apply for a mercy petition or not may itself cause some delay... This proves India is a soft state," says Lekhi.

"After all, the political will to carry out the execution in itself is a big question mark, given how the government functions," he says.

"People are apprehensive that the government may handle the issue in the same manner as that of Afzal Guru," says Jain.

Guru, convicted for the December 2001 attack on Parliament, was sentenced to death by the Supreme Court in 2004. He remains on death row.

From Around the Web
Sponsored by Revcontent

also read

Rs 26 cr spent on Kasab; execution may take years
Show comments

Steps to disable Ad Blocker on your browser


In order to serve content on our website, we rely on advertising revenue which helps us to ensure that we continue to serve high quality unbiased journalism. From our end, we will aim to show clean and unobtrusive ads to provide you with a great browsing experience.

Request to please follow the steps below and once done, please refresh your page.


For Chrome and Ad BlockPlus users

1.Press the ‘ABP’ icon in your toolbar at top right of this page

2. Click on ‘Enabled on this site’; this should now change to ‘Disabled on this site’


chrome



For Chrome and Ad Block users

1.Press the ‘AdBlock’ icon in your toolbar

2.Select the option ‘Don’t run on pages on this domain’ and then click ‘exclude’ on the pop up


chrome

Steps to disable Ad Blocker on your browser


In order to serve content on our website, we rely on advertising revenue which helps us to ensure that we continue to serve high quality unbiased journalism. From our end, we will aim to show clean and unobtrusive ads to provide you with a great browsing experience.

Request to please follow the steps below and once done, please refresh your page.


For Mozilla and AdBlock Plus (ABP) users

1.Press the ‘ABP’ icon in your toolbar

2.Select the option ‘Disable on hindustantimes.com’


chrome

Steps to disable Ad Blocker on your browser


In order to serve content on our website, we rely on advertising revenue which helps us to ensure that we continue to serve high quality unbiased journalism. From our end, we will aim to show clean and unobtrusive ads to provide you with a great browsing experience.

Request to please follow the steps below and once done, please refresh your page.


For Internet Explorer and AdBlock Plus users

1.Press the ‘AdBlock Plus’ icon in your status bar at the bottom of the screen

2.Select the option ‘Disable on hindustantimes.com’


chrome

Steps to disable Ad Blocker on your browser


In order to serve content on our website, we rely on advertising revenue which helps us to ensure that we continue to serve high quality unbiased journalism. From our end, we will aim to show clean and unobtrusive ads to provide you with a great browsing experience.

Request to please follow the steps below and once done, please refresh your page.


For Safari and AdBlock users

1.Press the ‘AdBlock’ icon in your toolbar

2.Select the option ‘Don't run pages on this domain’ and then click 'exclude'


chrome