Why Death for Kasab?


Kasab gets Death. Yesterday, Kasab, “the killing machine manufactured by the Pakistan”, got death sentence on 4 charges: Murder, Abetment and conspiracy of murder, Waging war against the state and Unlawful Activities Prevention Act. He was proved to be guilty on the Monday and looking at these charges there is no doubt that the death sentence was the only punishment that can be given to Kasab according to the laws of the land. It was not unexpected but was really made to look like a reality show finale by the media. The option of life imprisonment was hyped by different sections and suddenly every one was left to speculate. In the past the terrorists have got death sentences for terror attacks and 26/11 was the rarest of the rare cases of terror. So there was no doubt about Kasab getting capital punishment.

Before i move ahead, i would like to discuss how death was the preferable option to a life imprisonment. I discussed the topic with many on twitter. Though many were in support of the death sentence, some were against it. Here are the points raised by anti-death group and my answer to them.

1. Life Imprisonment is harsher than the death sentence.

Many senior lawyers subscribe to this view. But just two points two counter this point. One, there can be nothing more precious than someone’s life and that fact itself makes death sentence a harsher punishment than a lifer. Secondly, Indian law clearly says that death sentence is the ultimate punishment, so no point in arguing till the laws are changed.

2. Death of Kasab will make him a martyr in the eyes of other jehadis and the jehadis and Kasab himself  will believe that he will reach Jannat. So the punishment won’t serve any purpose.

We must remember that punishment is given to say the convict that whatever s/he did was wrong. According to the level of the crime, punishment is given i.e. if the criminal can be reformed then s/he is given jail terms that can go up to life imprisonment. Death, as I said earlier, is the ultimate punishment and is given when there is no scope for the criminal to reform. So even if Kasab thinks that he will go to jannat, we know where will he go for his sins (of course if heaven and hell exist). Another point is that if the jehadis are happy to go to the jannat, then why they apply for mercy when they are given death? Why Kasab tried to mislead the court by his flip-flops if he wanted to go to the jannat? Regarding the message to the other terrorists, I don’t think a death sentence can deter them from being a terrorist. The way they are brain-washed, no one can change their minds till they see their own deaths.

3. Hanging Kasab is not the solution. We should hit the root cause of terrorism.

This arguement is really a very weak point. Just one question counter this: Why not do the both? Kasab should get the punishment for his crime. The way he killed the innocents, we can not spare him. At the same time, we will fight with the terrorism with stringent laws, better intelligence, better equipments and all necessary steps that is required to tackle terrorism.

4. Kasab will be another name in the list waiting for president pardon. So what’s the point in hanging him when it is certain that he will live for many years?

This logic sounds good but has nothing substantial in it. This is something like asking to stop using electricity fearing electric shock. Long list of persons waiting for presidential pardon is a problem, no doubt. But that doesn’t mean that we will stop giving punishment to the criminals. That issue should be dealt with by active government action and setting a time frame for the presidential pardon process. Even if the problem remains, Kasab case can be given priority considering the level of violence and brutality involved in the case.

Thinking politically, Kasab case is not like that of the Afjal Guru. Afjal Guru was from Kashmir and he had certainly some impact on a certain amount of vote-bank, but Kasab, being from Pakistan, doesn’t have such impact. So the government will have no problem in hanging him to show that it is not soft on terror.

5. We can not act emotionally and seek revenge. We should think logically.

By giving Kasab a proper trial, India showed that the punishment for Kasab is logical and we are not swayed by emotions. Probably, the demands of the families of 26/11 victims that “Kasab should be publicly hanged” or “should be cut in pieces” sound emotional but that is obvious as they have lost their dear ones and we the ‘unaffected’ ones can’t understand what has happened to them. But make no mistake, the demands will not be permitted by the court as the Indian laws do not permit such kind of brutality. Even those who demanded this also know this fact. What their words really mean is that the death sentence of Kasab should be executed expeditiously and should not go the Afjal Guru way.

6. Death sentence should not be given to anybody in India. It hampers the Human Rights.

This is a different issue and can be debated at different times. Presently. we have death sentence as the ultimate punishment in our laws and Kasab deserves the ultimate punishment.

7. Kasab can be used as a tool to pressurize US to act against Pakistan and Pakistan against terror.

This argument has some logic, but we all know even if Kasab is given death sentence is not going to die soon. The death sentence is now needs to be ratified by the High Court and then Kasab has the option to appeal against the sentence in the supreme court. These processes can take at least 2 years even more. During this time period Kasab can be used as the tool.

The whooping cost that the state has to bear to protect Kasab which is said to be Rs 2 lakh per day, leaves us without any option than to give death to Kasab who deserves more than that. The opposition to Kasab’s death is probably due to ideological belief of these people. All are free to think differently, but that belief should be supported by proper logic. The anti-death group may not be Kasab fans, but they need to understand the logic. May be that’s because they are the ‘unaffected’ ones. Please put yourself in the position of the victims like this small girl Devika Rotawan and then think if Kasab, who murdered the person who had given him a glass of water to drink, should get death. Probably, your conscience will give you the answer.

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19 thoughts on “Why Death for Kasab?

    • thenewdimension says:

      You are right! Now the govt should ensure that the death sentence is executd as soon as possible.

  1. Justice is not just handing out punishment to the criminal.It serves to set an example so that in future no one attempts to repeat that crime.By delivering a death sentence to Kasab we cannot root out terrorism.By saying point number 3 is a weak argument you have evaded he most crucial point in this case.How will a person who does not fear death be moved to realise that what he has done was wrong?The very fact that you say he has killed many so deserves death brings out the very “emotional” argument in your case. If you were to rationally think about this you would not say this.Indians were killed,We were attacked.Obviously a lot of adrenaline was flowing.In times of crisis more than the enemy we need to fight with our own bodies.

    Then about the money.Many thoughts were crossing my mind while reading people’s views on Kasab.In your rebuttal to point number two,you have kind of accepted the validity of the argument and your argument in effect proves mine.

    What is terror?Why are we so enraged with just Kasab?What about the terror within?Militant groups? Religious fundamentalists, political parties….all are tacitly trying to break the fabric of this nation.We should be vocal about them too! A Hindu terrorist killed a Christian missionary 12 years ago and is running Scot free!No body cares! He is a terrorist too.He too threats the country!why does no one speak about him? A group of people break down a heritage mosque in the nation!it takes 19 years for the verdict to come,no one cares!25 years on victims of riots get no justice!no one talks about them,this is definitely a rare case.But the incidents i mentioned were terrorizing too.

    About this case.Yes he deserves a harsh punishment.I never had any difference of opinion on that.But death is not that punishment.The burden of life is much heavier to carry for these men who were on a mission of death.

    Moreover corollaries with Kandahar incident seem futile.that incident was an example of ineptitude and inefficiency on part of the erstwhile government in power.Speculating on that is a futile exercise.

    Present Indian laws say death is the ultimate punishment.And it is flawed.And should be modified.

    Moreover we have no right to take lives.Kasab killed cause he was blinded by faith.We want him hanged cause we are blinded by vengeance,in the end if we demand his hanging why we sink to the same lowliness that he is in now.

    • thenewdimension says:

      Raising the same questions again doesn’t serve the purpose. You have raised same points that i had answered above. Read it again.
      Mixing other issues with this one you are trying strengthen your arguement which ultimately dilute yours. By raising Babri, 1984 sikh riots or 2002 Gujrat riot cases, how can you justify that Kasab should not have been given the death penalty?
      Regarding being ’emotional’ read the point no.5. I have nothing more to add to that. If you can brand a proper court trial as emotional, then i can not change that view.
      You have raised the point 3 again while i have answered to that too, no punishment can ever deter a brainwashed terrorist. But a death sentence can deter many from being brainwashed in the future. Can you explain how life imprisonment would have deterred future terrorists?
      Another point that Kasab didn’t fear seemed naive considering his flip-flops in the court. Even when he was caught during 26/11 operations, he behaved as dead to mislead police. Was he really not afraid of being caught and death? Think again, my friend. 🙂

      • thenewdimension says:

        another point, Kasab was misdirected, so he killed the people brutally, entering into our land illegally. We are hanging him, because we believe in law, don’t follow the ancient ‘jungli’ rules.

    • thenewdimension says:

      Regarding the last line, you must remember that me or you don’t decide the punishment, it’s the court. I wanted you to feel the real logic. Banging head on the wall for no reason don’t make the head strong, rather gives pain, nothing else.

  2. And you have not contested the main point.Death sentence in itself is wrong.That should be realised by this nation as soon as possible.Why Kasab even the lowly theif is beaten to death in villages.it shows that the mob is just interested in getting rid of the criminal not the crime.another interesting point that struck me right now is that of the judge’s speech. When i read excerpts of it today it seemed to me he was also speaking his mind,he too was going a step ahead to nail that man for 26/11.His speech too was screaming of emotional bias and lacking of ratinale

    • thenewdimension says:

      There is no point in discussing on having death punishment in the country. That is a different issue, and needs proper debate. Why should the country needs to understand what you believe. Regarding judge’s speech which you branded as biased, i can not help with that. When you read a piece with biased mind, i expect you to interpret it in your own way 🙂

  3. 1. If you simply calculate how much money will be spent on the Indian state on maintaining him as a prisoner, it’s mindboggling. This is because OUR money is spent on:
    – building him extra extra security cells so that he can’t be killed
    – sourcing food for him from different places so that he can’t be poisoned
    – maintaining staff – prison and medical – to keep an eye on him
    and a whole lot of other things…
    Why is the taxpayers’ money spent on maintaining someone who came from another country just to kill so many people here?

    2. Keeping him alive is a huge security threat, and can lead to a hostage situation anytime. This means there’s even a possibility of a Kandahar-type situation…he could even be freed!

    PS. Came here through blogadda

    • thenewdimension says:

      Very true! In fact, if he would hav been killed on 26/11, there would not have been any debate. We gave Kasab a chance of free trial and he deserved a death punishment which he ultimately received.

  4. Nishant Singh says:

    Kandahar will not happen even if Kasab is alive because he is just pawn incapable of running terrorist operations but only capable of carrying out the operations, for which they will find many more pawns.
    He should be let to live, he should be made to repent and wish that he had died that day. It is much harder to forgive oneself and to live with oneself after knowing about the crime committed.

  5. I think Kasab should be hanged. But he should be subjected to a long imprisonment before hanging. Living with the feeling that one day he will be hanged is a horrible situation, and he deserves that.

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