Friday, 19 April 2013

This isn't an ordinary murder but terrorism: Prosecution
~~Sandip Dighe 
[Editor: Any act of killing human beings is henious, whether it is by any individual or a group or by a state machinery (or state sponsored cold blooded murder, as some of us would like to call them). As long we would continue to consider one holier than the other, murders and genocidea of people would continue, because each camp would try justify its act by putting forward its own argument. Hence, it is better that we do away with Capital Punishment so that a common message that, "Murder of any form is NOT ACCEPTABLE to a civizlised society" is spread to every part of the globe. And one correction in the report: Mohammed Ajmal Amir Kasab, a member of the Lashkar-e-Taiba Islamist group, who was captured alive by the Indian police did have a criminal past. He was engaging in petty crime and armed robbery with a friend, before, meeting the members of Jama'at-ud-Da'wah, the political wing of Lashkar-e-Taiba, and then subsequently joining it]
Demanding death penalty for German Bakery blast convict Mirza Himayat Baig, special public prosecutor Raja Thakare pointed out that 17 people including five foreigners were killed in the terror attack. Hence, the case has international ramifications, said Thakare on Thursday.

Presenting his argument on the quantum of punishment for Baig before special judge NP Dhote, Thakare said, “This is not an ordinary murder. It is terrorism with international ramifications.”

Attacking the plea for mercy by Baig’s lawyer on the ground that the convict is young, Thakare said age hardly matters as Ajmal Kasab, the lone Pakistani militant caught during the 26/11 Mumbai attacks, was just 23 years old when he was hanged.
Thakare said, “RDX has been recovered from Baig. The image of our country has taken a beating at the international-level as they think that citizens are not safe in India. That is why this is extraordinary case.”

Thakare rebutted the mitigating circumstances listed by Rehman to seek lighter punishment for Baig. He said, “The age factor cannot be considered in this case.

Yakub Menon, an accused in the 1993 Mumbai blasts case, was held guilty at the age of 33. The Supreme Court did not consider the age factor while awarding the death sentences to him.” On the claim by the defence lawyers that Baig comes from poor family and is well educated, Thakare argued, “Though he is a teacher by profession, he taught only Jihad. He used to indoctrinate youths.

If the education is the criterion, then Yakub Memon is a Chartered Accountant (CA). If Baig belongs to a poor family then why did he stay away from his family? He did not do anything for his family. Now, he is remembering his family. He is unmarried. What about the family of the victims?”

On the defence claim that Baig did not have a criminal past, Thakare argued, “Criminal background is not necessary to give relief in such cases. Yakub Menon and Ajmal Kasab did not have criminal past either. Baig was preaching and provoking youths?”

Thakare argued, “A man is bound to know the consequence of his act. Baig was found to be associated with alleged operatives Mohsin Choudhary and Zabi.”

Replying to why Zabi was not produced in the court during the trial, Thakare said, “The probe in his involvement in the 26/11 attack and Aurangabad arms haul case is going on. Had he been included in the case at this juncture, it would have hampered the investigations in those cases.”

Courtesy: DNA India