Blog Archive : ANIRBANSPEAK http://anirbanspeak.blogspot.in

Tuesday, May 04, 2010

THE VERDICT

On 3rd.May,2010,as India waited with bated breath along with the concerned international community,Justice M L Tahiliani gave the final verdict of the trial of Ajmal Amir Kasab,Sabauddin Ahmed and Fahim Ansari,at little after mid-day,in Mumbai.The trial had taken 221 working days for the court,charging Kasab with 86 sections of the Indian Penal Court,after 1,611 questions put to Kasab,and 3,192 pages of evidence & 1691 exhibits submitted in court by the public prosecution team.It has been a long wait.Kasab has been declared guilty on all 86 charges and he awaits his conviction scheduled to be declared on 5th.May.Faheem Ansari and Sabauddin Ahmed have acquitted to walk out free,due to lack of convincing evidence.
Today India stands with her head held high in the international forum,showing the entire world that she truely deserves to be largest and fairest democracy in the world.She has held a fair trial,giving the accused all options possible from her democratic constitution-a worthy achievement indeed.Now everybody awaits the conviction-is it the death row for Kasab?

Legally,officially,constitutionally and diplomatically,it has been a perfect process with no loop-holes whatsoever,and no shadows of ethical misconduct darken the verdict which stands as clear and daylight.Justice has been delivered and the process of deliverance has been perfect.Yet some minds,maybe many,question the proper and the perfect.
Has justice been just?Has the process of deliverance of justice stood more prominently than justice itself?
NO-the raging minds fume with a sense of frustration.Why did the official numbers mentioned here in the very beginning take such huge proportions?And why have Ansari and Sabauddin walked free,most probably with the ugliest smirk in their faces?

Kasab killed 72 people(with his fellow devil Abu Ismail who must be rotting in hell)in front of the entire world,most importantly with a casual stance that is chilling to say the least.
While it is absolutely clear that Sabauddin and Ansari were co-conspirators in a bigger scenario,a truly fair and commendably honest trial acquitted them because of lack of direct evidence,and not on Kasab's confessions in court(where he clearly confessed that his mentor-terrorists in Pakistan had told him that the recce of Mumbai and the resultant maps that the terrorists used during the 26/11 genocide,were prepared by Sabauddin and Ansari!),the same charge the Indian police had grafted against these two.The judge has seemed to consider 2 special points:that there was no direct evidence(only hearsay and suspicion)of the two having done so.It is amazing that the confessions of Kasab himself involving Ansari and Sabauddin,were not taken as legal proof!Did Indian law expect direct audio-visual evidence to nail the deadly duo?A little reading from the internet on the Indian Penal Code tells me that if the co-conspirators were charged with the draconian MCOCCA,they could have convicted.But MCOCCA requires the  accused one to be habitual offenders !
 It is not the point whether Kasav shall given the noose or not-what matters is he has been convicted after a fair trial,a trial which shall go down eventually in history as a symbol of democratic India s true heart-a message that should make the international community change their idea about and diplomatic attitude towards India,the symbol of democracy she stands for.India just won an ace.
Does the Indian Penal Code have to change?Is it too just and fair that Sabauddin and Ansari walked free?After all,they  were part of the chain of conspiracy where Kasav had his own place.Yes it was Kasab who ultimately executed the plan to the end,leaving 50 plus people killed.But what was the trial all about?-prosecuting a murderer,or trying to bring the entire conspiring lot who waged a mini war against India?We were made to believe the latter as alongside the trial,diplomatic pressure was put on Pakistan,trying to coerce it to convict Hafeez,Lakhvi and the cursed lot who used the territory of the state of Pakistan,its mil its military intelligence and other resources to hatch the plan,as the trial revealed more and more.Also if it was to try a murderer,Sabauddin and Ansari wouldn t have been co-accused in the same trial.But they walked free and Pakistan doesn t seem to be bothered at all by the verdict.In fact,it has the gump to show an obnoxious nonchalance,no matter how strongly P.Chidambaran expects to give a strong message to Pakistan.

This has essentially been a murder trial of Ajmal Amir Kasab.It has been fair,transparent and just considering Kasab hails from Pakistan.India had hoped differently,to see those elements in Pakistan who dared to terrorise and going to war with India-Kasab was only a small bead in the entire thread.Pakistan remains untouched,2 co-conspirators walk free because India has been too fair.And it took Rs.60 crores of tax-payer s money,and 550 days to convict a murderer who had killed publicly.
Mumbai and UP police
are ill-famed for fake encounters .
If I had a gun,I would simply shoot the acquitted publicly in the streets of Mumbai.THAT would be Justice,and a Strong Message.I wouldn t worry though,because I am sure that the verdict will acquit me.



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