Kasab deserves death sentence: Ujjwal Nikam

The special public prosecutor Ujjwal Nikam who was prosecuting Pakistani terrorist Mohammad Ajmal Amir Kasab in 26/11 Mumbai terror attack in which 166 people were killed, said after the verdict of the Supreme Court that Kasab deserves the death sentence.

Nikam, who came in the limelight when he was appointed in Mumbai Bomb blast trial- 1993 in 1994, was also appointed as a special public prosecutor in 26/11 Mumbai terror attack in which 9 Pak terrorist came to India for striking terror attacks.

After the verdict of the court, Nikam said, "The decision of apex court is a message of the neighbourhood and other foreign countries that the act of terrorism or sedation is unforgivable in India."

Kasab was caught the lone survivor who faced trial in a lower court in Mumbai, where the trial court found him guilty and sentenced death sentence.

The Bombay high court has upheld the decision of trial court when Kasab moved to Bombay HC seeking stay on trial court?s decision.

Later Kasab moved to Supreme Court seeking mercy on the behalf of his young age, poverty and unable to find any defence lawyer in the trial court.

Pronouncing the verdict the Supreme Court Wednesday upheld the death sentence of Kasab.

"We are constrained to hold that the death penalty is the only sentence that can given in the circumstances of the case," the apex court bench of Justices Aftab Alam and C.K. Prasad said.

The court rejected Kasab's contention that the Mumbai terror attack was a war against the government of India and not against the Indian state or its people.

The court said the government of India was only the elected organ of the state and the repository of the sovereign powers.

Having said this, the court added, "Primary and foremost offence by the accused (Kasab) was waging war against India".

The apex court did not accept Kasab's plea that not providing him a lawyer soon after his arrest vitiated the entire process, including his trial and consequent conviction and sentencing.

The court said that a trial is initiated if the accused is not provided with legal assistance but the same does not hold in the case of not providing legal assistance in per-trial stage.

It also noted that efforts were made to provide Kasab a lawyer but he refused it every time, saying that he did not need an Indian lawyer.

The court also rejected his plea that when he agreed to have legal assistance, his lawyer was not given sufficient time to prepare his defence.

The judgment said that the time given to Kasab's lawyer was "sufficient".

The court also rejected Kasab's plea that his confessional statement before the police was not voluntary.

The judgment said: "Confession was very much voluntary."

The Bombay High Court had upheld Kasab's death penalty Feb 21, 2011.

Kasab was sent to the gallows by a Mumbai trial court May 6, 2010. Besides other charges, he was convicted for waging war against the nation.

An apex court had reserved the verdict on the conclusion of arguments that spread over nearly three months, starting Jan 31.

Kasab and his nine associates who had sailed from Karachi reached Mumbai after they hijacked private Indian ship M.B. Kuber and killed its navigator Amar Chand Solanki.

--With IANS Inputs--