Kasab is a danger to society: Judge

MUMBAI - Sessions Court Special Judge M.L. Tahaliyani Thursday ruled that there was “no option” but to hang Ajmal Amir Kasab till death, saying the 26/11 gunman had been “anxious to attack India” and his “depravity” was evident.

“Kasab, aapko char gunahon ke liye saza-e-maut di jaati hai - khoon, Pakistan me LeT members ke saath saazish, aur usse hue khoon, jung chhedna aur dehshat-gardi. Aapko saaze-e-maut di jaati hai. Aapki judgement ki copy aapke vakil ko di jaagyegi.

“Aapke gale se dum nikalne tak phaansi se latkaya jayega,” Tahaliyani said in the silent courtroom in his judgement that was read out in English though he often addressed Kasab in Hindi and even broke into the local language Marathi in the end.

Translated into English, that means: “Kasab, you are given death penalty on four counts - murder, conspiring in Pakistan with LeT members and the deaths resulting from that, waging war and terrorism. You are given the death sentence. Your judgement copy will be handed over to your lawyer.

You will be hanged by the neck till death.”

Excerpts from the ruling awarding Kasab death:

* He (Kasab) was mentally well, so reformation or rehabilition is totally ruled out, in the way the he has committed the offences, it (reformation or rehabilitation) is not possible.

* He voluntarily went to the office of the Lashkar-e-Taiba (LeT) and he himself offered to be a mujahideen.

* Some of his colleagues deserted during training, but Kasab preferred otherwise. He even got a chance to go to his native place but he did not go.

* Defence plea that the accused (Kasab) acted under duress and dominion of the LeT masters, Hafiz (Saeed) and (Zakiur Rahman) Lakhvi, is not accepted. He (Kasab) himself knocked the doors of LeT and travelled from one place to another and he was anxious to attack India.

* The aggravating factors also include murders with previous plan, previous, meticulous and systematic planning.

* All modern equipments were with the conspirators.

* All precautions taken to ensure the (Nov 26, 2008) attacks were a success.

* Brutality was writ large, this was also evident from the witnesses who deposed before the court.

* His depravity was seen at Chhatrapati Shivaji Terminus itself, he fired indiscriminately, age or sex were not considered, children, women and policemen were killed.

* He has forfeited to live with such a crime. Keeping such a person alive is a danger lingering over the government, not only that, it is a menace to society - he needs to be sentenced to death.

* The language of deterrence rather than reformation is required, society cannot be at threat.

Then he ordered the security detail: “Tyana gheun jaa..” (Take him away.)