Kasab, the Next Afzal Guru?
UPA may drag its feet over hanging of the 26/ 11 gunman
After the Supreme Court upheld the death sentence for Pakistani terrorist Ajmal Kasab on August 29, the focus has now shifted to the Central Government. Will the Government recommend the death sentence or will his case drag on like Afzal Guru who has still not been hanged to death eight years after being awarded a death penalty in 2004? While Kasab is an accused in the 26/ 11 terror attack, Afzal Guru is an accused in the 2001 Parliament attack. “I sincerely hope that the powers- that- be can, for once, place national interest above political expediency,” says Harish Salve, a senior advocate.
Kasab moved the Supreme Court on February 14 to appeal against an October 10, 2010, verdict against him. At every level, the court has sentenced the 25- year- old terrorist to death. Now Kasab’s only legal option is to file a review petition against the apex court verdict. If dismissed, he can then file a mercy petition. Senior advocate Raju Ramachandran, who defended Kasab as amicus curiae, told the media he “bows down” to the verdict.
“Very clearly the Supreme Court has upheld the high court order after due trial process is completed. The court has stated that Kasab had waged a war against our country. To send the right message to potential terrorists, the Government needs to expeditiously fulfil its duty after the Supreme Court verdict,” says Nirmala Sitharaman, BJP spokesperson. Other BJP leaders agree, with Prakash Javadekar, another party spokesman, making an oblique reference to the Afzal Guru case, stating, “It is unfortunate that till today some sentences have not been implemented. If we want to fight terrorism, there should be a quick decision.”
However, Congress leaders say there is a difference between the two cases. “Guru has been charged with conspiracy while Kasab’s was clearly an act of murder,” says a lawyer- MP, speaking off- the- record. Guru had asked for clemency but in 2011, the home ministry recommended that this be rejected. His case, however, is still pending. BJP has accused the Congress of playing vote- bank politics in delaying his death sentence.
Congress spokesman Manish Tewari rejects this, saying, “In 2012, except for one clemency case ( Balwant Singh Rajoana), all the others had been processed and sent to the President of India for her determination. There is a strong case for segregating terrorismrelated mercy petitions from other crimes and fast- tracking them.” Congress General Secretary Digvijaya Singh has also told the media that “punishment to Kasab should be executed quickly”, while his colleague, Law Minister Salman Khurshid, talked about how “justice is finally done”.
What the Opposition wants to know is that will the court’s verdict be taken to its logical end? Given the sheer scale of the Mumbai terror attack, the Congress may have little leeway but to give in to public sentiment.