Did Kasab deserve a fair trial?

2008 Mumbai attacks were one of the major terrorist attacks on Indian soil that left over 200 people dead and over 300 people injured. Mohammed Ajmal Amir Kasab is a Pakistani terrorist who was involved in these attacks. He was the only terrorist among 10 attackers who was captured alive by Indian law enforcement agencies during the attacks. Ajmal Kasab was tried under the Indian judicial system and was found guilty of conspiracy, murder and of waging a war against India. He was sentenced to death penalty by special court on May 6th, 2010. This was appealed by Kasab in the Mumbai High Court which upheld the death sentence on February 21st, 2011. This was again appealed by Kasab in Supreme Court of India which again upheld the death sentence on August 29th, 2012.

The trial itself had a lot of twists to it. Lawyers refused to provide defense counsel to Kasab citing ethical reasons and (unofficially) also to avoid being targeted by nationalistic groups. Later the courts assigned several defense counsels, some refused, some were attacked, their homes vandalized and were even given death threats if they provided counsel to Kasab. In December 2008, the chief justice of India K. G. Balakrishnan said that for the trial to be fair, Kasab needs to have adequate legal representation. Finally Mr. Abbas Kazmi was appointed as Kasab's defense counsel and the trial proceeded in April 2009. The trial has garnered a lot of negative internet as well as media attention in India. It has been ridiculed with inaccurate and lofty figures of how much Indian taxpayer's money has been spent on keeping him alive and at the inefficiency of Indian Judicial System. I have read several news reports which blamed government of defending Kasab. One headline on one of the most respected and world's highest circulating English daily newspaper "The Times of India" said that the hanging of Kasab will only cost 50 rupees (< US$1) while Indian Government spent millions of rupees to keep him alive. In my opinion these reactions come from people who do not understand our democracy. First of all the Judiciary is an independent branch of India and the Executive branch has no control over it. So, people who suggest that Indian Government has any role in this is factually incorrect. The current administration by UPA (United Progressive Alliance) has rightfully become a punching bag for the inefficiency and corruption but I believe that this criticism of UPA is not justified.

Now coming to those people who feel that Kasab should have been hanged without trial. Although I respect people with these views for their love of nation and wanting to see a terrorist suffer from some consequences, but I feel that these views undermine our democracy and the civil society we live in. If we hang a terrorist without trial, then what differentiates our society from an extremist, totalitarian and fanatic society? What differentiates us from the terrorists? Again some would say, he shot and killed people on national television and the whole world saw it, what more evidence do you need? But who has the right to make decisions in such cases about what punishment is adequate? The only way to go about is going through the time tested impartial justice system. Given the time period from April 2009 (when the defense counsel was established) to August of 2012, 40 months is all it took for a person to go through not just one tier of judicial system but three tiers of judicial system which given any international standards is pretty good!

I believe this trial is not just a trial of a terrorist who caused mayhem on Indian soil but a statement to the rest of the world about the maturity and fair-mindedness of not only the Indian Judicial system but also the citizens of India as a whole. It is also a statement by the civilized world to the uncivilized world about how we handle criminals. It states that we don't decapitate or stone the criminals to death. We will provide you fair legal representation and right to defend yourself and will try you under our laws and if you are found guilty, we will give you adequate consequences. If we ridicule the very thing which differentiates us from them, then are we not ridiculing everything we stand for? So in the end it is not the question, whether Kasab deserved this trial or not, it is as a civil society we deserved it!

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