Friday, May 21, 2010

Hang Kasab Quikly

When Judge announced punishment for AJMAL AMIR KASAB the country celebrated the judgment.Most important point Judge pointed is that if AJMAL AMIR KASAB did not get the death as early as possible as a punishment announced then incident like KANDAHAR HIJACKING can be repeated. It has taken 18 months for the court to announce death penalty for KASAB.On the other hand some 13 years were taken fot the judgment of 1993 MUMBAI BOMB ATTACKS. AJMAL AMIR KASAB judgment thankfully did not take long time in-spite of 312 cases,11,000 pages long chart sheet and also hundred of testimony in the court by the eye witnesses who were badly affected by this incident.

But seeing all this on one hand we all INDIANS are very happy with the judgment but on the other hand we have many faults or negative aspects in our legal system. It can take years according to our legal system to punish AJMAL AMIR KASAB.First of all High Court and then Supreme Court has to declare the judgment. Only and only if AJMAL AMIR KASAB appeal to these bigger courts. Then lastly he can apply for Mercy Petition to the PRESIDENT of our country. So overall I can undoubtedly say one thing that it will take years to finally punish AJMAL AMIR KASAB.Judge Tehelyani was pointing on this point only in the judgments.So minimum it will at least take five years legally to punish AJMAL AMIR KASAB.If god willingly we say that Lower Court evidence were very complete and right and it will not take much time for High Court and Supreme Court to announce same death penalty judgment as already announced by the Lower Court then also he has last option like every other criminal to appeal for Mercy Petition. We all Indians can’t do anything in this as our legal system is like this only.

And if we see some last cases which were lastly appealed for the Mercy Petition taken many years. As we saw it in 13,DEC,2001 Parliament attack case. Lower Court announced death penalty for Afzal Guru[the man convicted in that case] on 18,DEC,2002.Then Delhi High Court announced same death penalty judgment in 2003.And Supreme Court also announced same judgment on 4,aug,2005 but on the last movement Afzal’s wife lastly appealed for the Mercy Petition from that particular day till now so many years have e passed but this appeal is still not look into just because there are many Mercy Petition appeal cases waiting on President’s table. Like this case only Ex Prime Minister Rajiv Gandhi murderers have also lastly appealed for the Mercy Petition this case is also waiting on President’s table till now. We all Indians are living with terrorist attacks.Police,army and other security agencies are day and day fighting against terrorist .Courts are also announcing judgment against terrorist daily. But because of our legal system terrorist are alive just because of Mercy Petition is pending for many years. I am not at all criticizing our country legal system but after seeing all these type of cases what else I can do?

Terrorist attacks are moreover different from other criminal cases of our country. In terrorist attacks as all we know is conspiracy against a nation not against some individual as in other criminal cases of our country. Terrorist attacks completely destroy our society. So we can never term criminal cases and terrorist attacks on one platform. We can take some lessons from the United States Of America. In 2006 America provided his army right to punish terrorist attackers and conspirators according to Military attack. So now American army court has right to punish terrorists. American President at that time announced that they are providing this right just because terrorist attacks are attack on country not on any individual’s now from 2006 according to this Act terrorist cases are run only in Military Court. From my point of view we should also provide our military court right to run terrorist cases. And after that terrorist can also challenge this only in Supreme Court so that judgment can be announced in short span of time.

The next problem we have is Mercy Petition right to the criminals. Using this appeal for terrorist, it is simply against the main point of this appeal .This Mercy Petition was taken in our legal system so that President and Governors of the state can forgive appeal-er if he/she has realized that he/she has done crime in bad circumstances and he she has also realized that he/she has done wrong.But this system of appeal should not be given to the terrorist like AJMAL AMIR KASAB who have been photographed laughing after killing innocent people on C.S.T railway station Mumbai and Kama Hospital Mumbai.Terrorist like AJMAL KASAB can use this right of Mercy Petition to escape from punishment. So the time has arrived when we should do correction in our legal system.

One more very important point which is linked to this only is the waiting of Mercy Petition cases files on President’s table. The cases in which appeal were done some 15 years ago are till now not look into by the president. In Triveni B v/s Gujarat Government case Supreme Court said that so much delay in the judgment of Mercy Petition cases is simply violating the right of the criminals and the petitioner.It is in other words, violation of life right of the criminals. Seeing all these instances only on a petition filed in 2007 petitioner demanded that time limit should be set for the seeing of the appeal for Mercy Petition by the president of our country. Now criminals are using this last appeal on negative prospect.Ex /president K.R.Narayana did not announced any judgment on Mercy Petition throughout his time as the President And also Ex president A.P.J.ABDUL KALAM announced only one case judgment on Mercy Petition that was Dhananjey Chatterjee Case. From that day till now no case on Mercy Petition had been seen.

Legal system exist in our country only so that judgment can be done as early as possible. Terrorist Cases should be judged as early as possible.


Prateek Pathak said...

Read and liked your informative report on Kasab. Do you assume his execution would be an easy sailing event ?
Why the media, NGO's, prudent citizens and commoners dont think to mount pressure on the government to chalk out necessary but effective amendments in century old judicial procedures which are still operational in the country ? In my humble opinion the lengthy procedures seem great hurdle in between.
The amendments, had adopted eralier, hard core terrorists would have been hanged till death much before the Kandhar hijacking eoisode.Do not let it be in the case of Afzal Guru and Kasab. Please get IPC and CrPC amended first to make justice quick and meaningful.

prateek said...

I am sure Congress led UPA will never hang Kasab. Congress will never hang a Muslim. If it was a Hindu, by now he would have been hanged.

Instead he will be awarded with Bharat Ratna for his heroics. Also he will be given a Congress ticket from Mumbai to fight the election.

Afzal Guru is still around and he will never be hanged. Congress is waiting for somebody to Hijack Air India or Indian Airlines plane to be hijacked and they can tarde him safely with the Islamic Terrorists.

I support congress in case of Afzal Guru, he should not be hanged as he has not completed his job. I wish he were successful in his mission. We Indians are unlucky, these bloody politicians are still alive and sucking our blood more than these terrorists.

ANJU JAYAN said...

Yeah it was a gud article, i hav also collected some info about Kasab.

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