Supreme Court of India on 29 August 2012 upheld the death sentence of Mumbai terror attack convict Ajmal Amir Kasab. Upholding the death sentence of Kasab the Supreme Court bench of Justice Aftab Alam and Justice CK Prasad held that waging war against the country was the primary and foremost offence committed by the Pakistani terrorist.
Kasab along with nine other Pakistani terrorists had executed the country’s one of the deadliest terror attack on 26 November 2008. They had travelled from Karachi by sea and had gone on a shooting spree at various city landmarks including Taj palace hotel, in which 166 people were killed. While Kasab was captured alive, the other eight terrorists in his group were killed by security forces during the counter-terror operations.
The Apex Court’s order came after hearing to a petition filed by Kasab against the Bombay High Court’s decision to uphold his death sentence awarded by a special court. Since no advocate was ready to take the case, Raju Ramchandran, senior Supreme Court lawyer, was appointed the Amicus Curiea by the court.
Kasab was awarded the death sentence by a special anti-terror court on 6 May 2010 on charges of criminal conspiracy, waging war against the nation and various other provisions of the Indian Penal Code and the anti-terror law, Unlawful Activities (Prevention) Act. Later on 21 February 2011, the Bombay High Court had upheld the special court’s verdict on 19 different charges under the IPC, the Arms Act, the Explosives Act, the Explosive Substances Act, the Foreigners Act, the Passport Act and the Railway Act.
With the Supreme Court dismissed his mercy petition, Kasab can move to the President of India seeking mercy. President of India holds the authority to pardon a death convict. As the Supreme Court confirmed his death sentence, became the 309th prisoner on death row in India. If executed, he will be the 52nd person to be hanged after India got independence.
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