Judge M L Tahaliyani has awarded the death sentence to Pakistani terrorist,
Ajmal Amir Kasab. The judge felt Kasab’s crime fell under the judicial
definition of "rarest of rare" and death by hanging was well deserved.
Kasab was given the death penalty on four counts. The court said there was no
chance of Kasab reforming.
Kasab will now set out on a long journey where legal and moral issues will be
considered by authorities for years, even decades, before he is finally put to
death.
Immediately after pronouncement of the death sentence judge Tahaliyani will
have to send his order for confirmation to the Bombay HC. He is bound by the
Section 366 of the Criminal Procedure Code to do so. In normal cases it is the
convicted man who goes in appeal to the HC but where it is the case of his life
being taken away, the trial court must send the case papers to the high court.
The Bombay HC will call for all the evidence and weigh it at its own
discretion. It is a practice for the high court to be satisfied on the facts as
well as the law of the case, that the conviction is right, before it proceeds
to confirm the sentence. This could take a few months.
Even after the high court has given its nod to the death sentence, Kasab has
the option of going in appeal to the Supreme Court. For instance last year
Surinder Koli, the man whose death sentence in the Nithari case was confirmed
by the Allahabad High Court, went in appeal to the Supreme Court. His petition
is still pending. Similarly, Kasab's appeal too would be considered in detail
by the highest court as it looks at all the arguments in favour of and against
the death sentence.
Going by past record, the longest wait in execution of the death sentence will
start once it is out of hands of the judiciary and into the domain of the
government. After the Supreme Court too gives assent to the death sentence,
Kasab will have the legal right to file a mercy petition before the President
of India under article 72 of the Constitution. While this petition is pending
Kasab's execution will stay suspended — maybe for decades.
The President's powers under Article 72 are always exercised with the aid and
advice of the Council of Ministers. There is no time limit for how long this
consultation takes place and the whole process can remain in abeyance for
years. Currently mercy petitions of 32 death row convicts are pending decision
with the President for over five years and the oldest mercy petition dates back
to 1998.
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