“Law is for those who believe in the law of the nation. Not for those who don’t believe in law. Such people should be shot as soon as they are met. There should be no involvement in any legal procedure as it results in loss of time and money of nation. I would even say that all such terrorists who have been awarded death penalty must be immediately hanged.”
– Anil Bakshi, senior and eminent Advocate, former President of Meerut Bar and former Member of UP Bar Council
The sudden hanging of Kasab had really taken me aback. It was just not expected. History stands testimony to the fact that our political establishment in most of the cases have been very benign in allowing a terrorist to stay alive even after they are convicted by the Supreme Court as we have seen in case of killers of former PM late Rajiv Gandhi! This is just not done. If Kasab has really been hanged and has not died by dengue from which he was allegedly suffering or any other reason, it is welcome but this alone is just not enough.
I was just gobsmacked to see how people were distributing sweets on hearing that Kasab has been hanged. I am sorry to say but it’s an unpalatable truth that we, Indians, become happy very soon and lull into the dangerous territory of “unpardonable complacency.” There are thousands of Kasabs languishing in various jails all over India. If all those against whom terror related charges have been proved are not hanged soon, many more may in the coming years escape and become another Masood Azhar and create new terror outfits like Jaish – e – Mohammad which has emerged as one of the most dreaded terror organization in the world. This undoubtedly will severely jeopardize our national security and national interests to which our ruling elite have the bad habit of turning a Nelson’s eye!
I was not at all amused when I saw people distributing sweets on hanging of Kasab. What was there to celebrate? This is just not done! He was hanged after more than 40 crore rupees were spent on him! If this money was spent on poor people, how many of them would have been saved from dying of hunger! We all know. In his case titled Mohammad Ajmal Mohammad Amir Kasab @ Abu Mujahid v State of Maharashtra 2012 (3) Crimes 211 (SC), it was held by the Supreme Court that even after his arrest he regarded himself as a “watan parast”, a patriotic Pakistani at war with this country. Appellant never showed any remorse for the terrible things he did. This forecloses the possibility of any reform or rehabilitation of the appellant. The alternative option of life sentence hence held to be unquestionably excluded in the case of the appellant and death remained the only punishment that could be given to him. This case has the element of waging war against the Government of India and the magnitude of the war is of a degree as in no other case. The conspiracy was to launch a murderous attack on Mumbai regarding it as the financial centre of the country; to kill as many Indians and foreign nationals as possible; to take Indians and foreign nationals as hostages for using them as bargaining chips in regard to the terrorists’ demands; and to try to incite communal strife and insurgency; all with the intent to weaken the country from within.”
In retrospect, the Supreme Court while confirming the death penalty on Afzal had said that, “The very idea of attacking and overpowering a sovereign democratic institution…is a terrorist act of gravest severity … It is a classic example of rarest of rare cases. The most appropriate punishment in this case was death sentence. Justice Nandarajog of Delhi High Court confirmed death sentence for Afzal and Shaukat. “The attack was on Parliament, when in session. The sovereignty of the country was attacked. Gravity of the offence is of a magnitude that the collective conscious of the community is so shocked that it will expect the holders of the judicial power centre, to inflict death penalty irrespective of their personal opinion as regards desirability or otherwise of retaining the death penalty,” the Delhi High Court underlined .
While maintaining death sentence for Afzal , Supreme Court said that, “The present case, which has no parallel in the history of Indian Republic, presents us in crystal clear terms, a spectacle of attacking and overpowering a sovereign democratic institution by using powerful arms and explosives and imperiling the safety of a multitude of people’s representatives, constitutional functionaries and officials of Government of India and engaging into a combat with security forces is a terrorist act of gravest severity. It is a classic example of rarest of rare case.” It was also held that, “The incident, which resulted in heavy casualties has shaken the entire nation and the collective conscience of the society will only be satisfied if the capital punishment is awarded to the offender. The challenge to the unity, integrity and sovereignty of India by these acts of terrorists and conspirators, can only be compensated by giving the maximum punishment to the person who is proved to be the conspirator in this treacherous act.” No cause, howsoever, sanctimonious it may be can justify terrorism which is synonymous to killing innocent people in any form and under any circumstances whatsoever. A terrorist is neither a Hindu nor a Muslim nor a Sikh! He or she is only and only a terrorist who is a potential threat to the safety and well being of the whole nation at large.
Who attacked Mumbai in 1993 and killed more than 300 people? Rapists. No terrorists. Who attacked and killed our former army chief Gen AS Vaidya? Dacoits. No terrorists. Who attacked Delhi High Court some time back and killed scores of people? Murderers. No terrorists. Who attacked Red Fort in 2005? Corrupt people. No terrorists. Who attacked Parliament in 2001? Robberers. No terrorists. Who attacked Mumbai on 26/11 in 2008 and massacred more than 200 people? Rapist or corrupt. No terrorists. Who killed our former Prime Minister late Mrs Indira Gandhi? Thieves or thugs. No terrorists. Who killed our former Prime Minister late Rajiv Gandhi? Rapists. No terrorists. Who killed our former Punjab Chief Minister late Beant Singh? Dacoits. No terrorists. Who killed more than 600 Indian soldiers and invaded Kargil? Murderers. No terrorists. Who gets training in various training camps in foreign countries like Pakistan? Rapists or dacoits. No terrorists. Who attacked Akshardham temple and shot innocent pilgrims including children after asking them to sing national anthem? Murderers. No terrorists. Who enjoys planting bombs in crowded places and killing innocent people? Rapists. No terrorists. Who is invited for talks by leaders of all parties – Congress , BJP and others? Rapists or thugs. No, only and only terrorists. Who enjoys blowing off trains as we saw in July 2006 or aeroplane? Thieves or thugs. No only terrorists. Who enjoys hijacking aeroplane as we saw in Kandhar in 1999? Rapists or dacoits. No, only and only terrorists. Who enjoys placing bombs in malls or cinema halls? Murderers. No terrorists. Who can attack our nuclear installations and destroy our entire nation ? Rapists or dacoits. No, only and only terrorists. In coming time, who can attack Supreme Court? Rapists. No, only and only terrorists. Who threatens to blow off holy shrines like Vaishno Devi, Amarnath, etc? Rapists or dacoits or murderers. No, only and only terrorists. Who plants landmines to kill our soldiers? Murderers or robberers. No, only and only terrorists. Who are honoured for killing someone? Thieves or rapists. No, only and only terrorists as the killers of our former Army Chief Gen AS Vaidya were honoured in Golden Temple. For whom do our State Assembly like Tamil Nadu or Punjab pass resolution opposing their hanging after being sentenced so? Rapists like Dhanonjoy. No. Only and only terrorists. Whose mercy petition keeps hanging for decades? Rapists like Dhanonjoy. No, only and only terrorists like that of killers of late Rajiv Gandhi or the likes of Afzal Guru! Who are released after a VVIP like Rubaiya Sayyid is kidnapped? Rapists. No, only and only terrorists. For whom is ceasefire declared? Rapists or dacoits. No, only and only terrorists. Who severed the head of an Indian soldier and presented it to Gen Musharraf in 2000 who gave one lakh cash prize as reported in several newspapers? Corrupt or rapist. No, a dreaded terrorist named Ilyas Kashmiri. Who will be hailed as “freedom fighters” by Pakistani Army Generals like former Army Chief and President Pervez Musharraf? Rapist or dacoit. No, only and only terrorist! Who will tie bomb to their body and blow off themselves in crowded places or target a VVIP like late Rajiv Gandhi was targeted ? Murderer or robberer. No, only and only a terrorist. Who will be released flouting all norms and out of turn in name of “peace process” and “dialogues”? Thieves or thugs. No, only and only terrorists as we see in Assam with ULFA terror leaders. For whom did Allahabad High Court recently made a scathing remark that after releasing them all out of turn, you will confer Padma Bhushan and other awards on them? Rapists or dacoits. No, only and only terrorists. Who will kidnap MLAs or MPs or Collectors and other big VVIPs to secure release of their men ? Rapists or dacoits. No, only and only terrorists. Who has the guts to declare that, “We will maim, mutilate torture for nearly a month and finally kill and cut to pieces the bodies of your soldiers as happened with Captain Saurav Kalia and five soldiers in 1999 and you will invite us for talks like VVIPs as happened after Kargil after declaring ceasefire irrespective of whether it is a NDA or UPA government in power? Rapists or corrupt. No, only and only terrorists. Who some years back had threatened to kidnap Sachin Tendulkar, Rahul Dravid and other senior cricketers? Dacoits or rapists. No, only and only terrorists. Who had occupied Golden Temple in 1984 and compelled Army to launch attack to evict them which obviously wounded Sikh’s feelings and accentuated terrorism to the hilt in Punjab which resulted in loss of lakhs of innocent lives? Corrupt or rapist. No, only and only terrorists!
How many terror acts have taken place in last four decades? Umpteen times which cannot be counted but how many terrorists have been hanged? We can count them on our fingers itself. What about those Tamil terrorists who killed our dynamic and promising former PM late Rajiv Gandhi? They have been sentenced to death by the Supreme Court but even decades later, our government is just not prepared to hang them. Similarly terrorists like Afzal Guru attacked our Parliament which is the highest pillar of democracy but our government trembles in hanging him and cares a damn about all those brave police cops and other security personnel who sacrificed their own lives to save our MPs from being hijacked and killed. Yet, he inspite of being sentenced to death by Supreme Court on 4 August , 2005 was not hanged even after more than seven years. Why? Many top legal luminaries including the former Attorney General late Soli Sorabjee very strongly believe that mercy petitions must be decided at the most in few days or few months and not few years or decades as most unfortunately we see right now happening in our country.
Who attacked Mumbai in 1993 and killed more than 300 people? Rapists. No terrorists. Who attacked and killed our former army chief Gen AS Vaidya? Dacoits. No terrorists. Who attacked Delhi High Court some time back and killed scores of people? Murderers. No terrorists. Who attacked Red Fort in 2005? Corrupt person. No terrorists. Who attacked Parliament in 2001? Robberers. No terrorists. Who killed our former Prime Minister late Mrs Indira Gandhi? Thieves or thugs. No terrorists. Who killed our former Prime Minister late Rajiv Gandhi? Rapists. No terrorists. Who killed our former Punjab Chief Minister late Beant Singh? Dacoits. No terrorists and said they were proud of it and yet our Punjab Chief Minister does not want to see him hanged and pleaded his case with the President. Who killed more than 600 Indian soldiers and invaded Kargil? Murderers. No terrorists. Who gets training in various training camps in foreign countries like Pakistan? Rapists or dacoits. No terrorists. Who attacked Akshardham temple and shot innocent pilgrims including children after asking them to sing national anthem ? Murderers. No terrorists. Who enjoys planting bombs in crowded places and killing innocent people? Rapists. No terrorists . Who is invited for talks by leaders of all parties – Congress, BJP and others? Rapists or thugs. No, only and only terrorists. Who enjoys blowing off trains as we saw in July 2006 or aeroplane? Thieves or thugs. No only terrorists. Who enjoys hijacking aeroplane? Rapists or dacoits. No, only and only terrorists. Who enjoys placing bombs in malls or cinema halls? Murderers. No terrorists. Who can attack our nuclear installations and destroy our entire nation? Rapists or dacoits. No, only and only terrorists. Who attacks or tries to attacks foreign embassies in India or other important places? Murderers or robberers. No, only and only terrorists. In coming time, who can attack Supreme Court? Rapists. No, only and only terrorists. Who threatens to blow off holy shrines like Vaishno Devi, Amarnath, etc ? Rapists or dacoits or murderers. No only and only terrorists. Who plants landmines to kill our soldiers? Murderers or robberers. No only and only terrorists. Who are honoured for killing someone ? Thieves or rapists. No, only and only terrorists as the family of killers of our former Army Chief Gen AS Vaidya and even those who killed former PM Mrs Indira Gandhi were honoured just recently in Golden Temple and most unfortunately no action was taken against those honouring killers. For whom do our State Assembly like Tamil Nadu or Punjab pass resolution opposing their hanging after being sentenced so? Rapists like Dhanonjoy. No. Only and only terrorists. Whose mercy petition keeps hanging for decades? Rapists like Dhanonjoy. No, only and only terrorists like that of killers of late Rajiv Gandhi or the likes of Afzal Guru! Who are released after a VVIP like Rubaiya Sayyid or any other is kidnapped? Rapists. No, only and only terrorists. For whom is ceasefire declared? Rapists or dacoits. No, only and only terrorists. Who will pump bullets or plant bombs in temples or mosques or any other religious sites? Rapists. No, only and only terrorists.
Do terrorists deserve mercy? Are terrorists ordinary criminals that they can claim mercy petition as of birthright? Are the human rights of terrorists more important or an ordinary citizen whom they kill indiscriminately? Why do we treat terrorists not as ordinary criminals but as VVIPs? Why our government succumbs in front of their demands but never succumb in front of an ordinary criminal? Why does our government declare ceasefire only for terrorists and not for a rapist, murderer or any other criminal?
Why does our government hold talks with only terrorists and not other criminals? Just because they don’t go to Pakistan and get the best possible training there on how to ruthlessly execute terror attacks! Why our State Assemblies pass resolution only for saving a terrorist from being sent to the gallows and not a rapist or other criminals? Why our government spares no time in hanging rapists like Dhanonjoy Chatterjee who was convicted only on circumstantial evidence and trembles in hanging a terrorist like Afzal Guru or Devender Pal Singh Bhullar? Many such troubling questions keep troubling my mind always.
In my college days, I always mistook dacoits for terrorists but my best friend Sageer Khan clarified all my doubts. He said in 1993-94 that, “An ordinary criminal like a dacoit or a rapist or a robber or a murderer or any other criminal never goes to Pakistan or any other foreign country for getting the best possible training on how to commit dacoity or rape or robbery or murder but a terrorist always goes abroad and gets such best possible training to commit the worst terror acts. Ordinary criminals attack and affect adversely either one or few persons but in case of terrorists things are quite different because terrorists don’t attack just one or few individuals rather they attack and affect adversely our nation as a whole whom they want to destroy completely. A terrorist always declares war against the nation but an ordinary criminal never does so. A terrorist always gets all types of aid from foreign countries but an ordinary criminal gets no such help. An ordinary criminal will never attack national symbols like Parliament, Red Fort, Supreme Court but terrorists always dream of attacking such places and sometimes have been able to partially attack them also and yet our Indian politicians hold talks with them only and pass resolution in their favour and not for ordinary criminals. An enemy soldier during war attack our army soldiers but terrorists are worse than them as they rarely attack men in uniform and always enjoy attacking innocent people especially pilgrims to holy shrines and still many of our leaders plead mercy for them. Do they deserve mercy? Certainly not! Rather they should be publicly hanged!”
Our former PM Dr Manmohan Singh had time and again warned of terrorists launching attack on our nuclear installations by which our entire nation can be destroyed. Still should they be allowed to file mercy petition as a birth right? We keep witnessing so many terror attacks in our country and even the bone chilling terror attack at Mumbai on 26 / 11 in 2008 was just a small trailer if terror leaders like Hafiz Sayyid are to be believed and in coming time there will be unleashed millions of such terror attacks again and even our big dams like Tehri are on their hit list which if destroyed would submerge many big cities including Delhi but our MLAs who pass resolutions in their favor are least bothered about all this as they point out their experience in India of “Saab chalta hain” and how terrorists have their sympathizers in every party which alone explains that why repeatedly Centre and States hold talks with them only and not a rapist or a murderer and this includes even the BJP and similarly declares ceasefire only for them and not for rapist or other criminal! By showing respect for human rights for terrorists, who has suffered the most? We all know. It was not for nothing that former Supreme Court Judge Justice Arijit Pasayat equated them with animals .
In hindsight, when senior counsel KTS Tulsi was pleading for mercy for death row convict Devender Pal Singh Bhullar who was sentenced to death by a designated TADA Court on August 25 , 2001 , for his role in the September 10 , 1993 , bomb blast in Delhi , Justice GS Singhvi told the counsel, ‘ ‘ Has anyone examined the psyche of victims of violence ? Several security persons died in defending Parliament and these people have been forgotten in a day. In this incident, nine persons were killed and 27 injured; what about their human rights? Every day we keep hearing about our soldiers dying fighting with terrorists . It is difficult to ignore the reasons for delay, but persons who committed the crime think that at a given time, a particular political combination will come (to power
) and will give support for commutation (of the sentence) Delay gives a huge hope.’’ The Congress party which has been in power for maximum period in Centre as also those parties who have been in power in Centre must seriously give it a food of thought as these opinions are not of one ordinary individual but of a senior Judge of the Supreme Court.
We have lost many dynamic charismatic leaders including former PMs like late Mrs Indira Gandhi , Rajiv Gandhi and many others in terrorist attacks but what a pity that still we treat terrorist as ordinary criminals and extend the privilege of mercy petition to them .Things have come to such a pass that Pakistani leaders like Rahman Malik are asking for Kasab to be hanged but this ‘ ‘ mercy petition privilege’’ will ensure cent percent that for another decade they are not hanged and kept in jail warmly . For a change , Kasab has been hanged but can we ignore that hanging just one terrorist will not end terrorism !
Those advocating mercy for terrorists dish out various Articles of the Constitution or various Sections of IPC or CrPC to support their headless chicken arguments that even law favours them. Why do they forget that when our Constitution or Criminal Procedure Code or other laws were prepared, there was no terrorism whatsoever in our country and so our Constitution makers had no inkling about it and so they can’t be blamed for not inserting very tough provisions in our legal laws .
It is only in the last three decades or so that terrorism started rearing its ugly face in India with full help from foreign countries who want to destroy us completely and they receive direct aid from such MPs and MLAs who pass resolutions demanding clemency for terrorists or holding talks with terrorists unlike other ordinary criminals with whom they never like to even interact or see their face.
Can anyone deny that in just 15 years from 1994 to 2009 nearly 30, 000 people have been killed in various terror attacks, what to say about security forces who are their prime targets. Still our elected representatives want that no terrorist should ever be hanged and this special privilege of holding talks like VVIPs should also be reserved only for terrorists and not for rapists or dacoits or other criminals. This is what at least I speaking for myself feel is most reprehensible and under no circumstances can ever be justified. Terrorists must have fear of our legal system which can be possible only if adequate deterrent punishment is meted to them at the earliest as soon as they are caught after committing a terror act.
Distinguishing a terrorist attack from a criminal activity, the Supreme Court in Mohd Khalid v State of West Bengal, 2002 (7) SCC 334 held, ‘‘It may be possible to describe it as use of violence when its most important result is not merely the physical and mental damage of the victim but the prolonged psychological effect it produces or has the potential of producing on the society as a whole. There may be death, injury or destruction of property or even deprivation of individual liberty in the process but the extent and reach of the intended terrorist activity travels beyond the effect of an ordinary crime capable of being punished under the ordinary penal law of the land and its main objective is to overawe the Government or disturb the harmony of the society or ‘terrorise’ people and the society and not only those directly assaulted, with a view to disturb the tempo, peace and tranquility of the society and create a sense of fear and insecurity.’’
It is an unbeatable irony that repeated terror attacks including the latest one in Rohini court in which one police men was injured have also failed in igniting a stirring debate about abolishing mercy petition for terrorists and setting a time limit within which the case of terrorists must be decided right from the lowest to the highest courts so that the right message percolates down that terror acts won’t go unpunished and terrorists can’t escape the gallows for long and their political connections will carry no weightage but sadly this is not happening so right now!
Rather the pernicious, divisive practice which has been set in motion is that if the terrorist is from Tamil Nadu, the whole Assembly will pass a resolution that their terrorist will not be hanged and this holds true for other states also. The welfare of the people and our national interests must be paramount and not that of terrorists or their elected representatives who support them or the lawyers who argue their case or the countries like Pakistan who train and send them to India to cause maximum mayhem and destruction!
My best friend Sageer Khan also had rightly said that, “What pains me most is that our leaders enjoy releasing terrorists or holding talks with them and according VVIP status to them. Is it correct or proper? I don’t fear ISI. I don’t fear Taliban. I only and only fear those Indians who back terrorists in some form or the other.” All this only serves to embolden terror groups further and sends an unmistakable message to all and sundry that, “In India, you can get away even after committing the worst of crimes.’’ But I am sure that Kasab’s execution, if it has actually happened is commendable and will send the right message across the globe. But this must happen with other terrorists like Afzal Guru and Nalini also at the earliest. However, I would also like to add that to fight and eliminate the scourge of terrorism, all terror acts must be punished with death and nothing less is acceptable under any circumstances as terrorists are a threat to the entire nation and not just few individuals and no one can be above the nation. I hope the government is listening! It must listen in national interests and not overlook it as it will harm our national interests the most and make a mockery of India in front of the world.
Sanjeev Sirohi