Government rejects 26/11 killer Kasab’s mercy plea
23 Oct 2012
The union home ministry today rejected the mercy petition of Ajmal Amir Kasab, the lone surviving terrorist of the 26 November 2008 attack on Mumbai, and sent the file to the President for a final decision.
"The home ministry has processed Kasab's mercy petition and submitted it to the President for a decision," a terse home ministry release said.
Kasab's mercy plea first went to the Maharashtra government, which last month forwarded it to the union home ministry with a rejection note from the state's governor K Sankaranarayan.
The home ministry acted with unusual speed in this case – it usually takes years in forwarding mercy petition files of convicts sentenced to death to the President. However, it has sent Kasab's file to Rashtrapati Bhavan within three weeks of getting the note of rejection from Maharashtra governor.
It is now up to President Pranab Mukherjee to take a final decision. The government's decision is not binding on the President, though it carries great weight.
"Since Article 72 of the Constitution doesn't prescribe any time limit, it is entirely up to the President as to when he takes the call on whether to accept Kasab's mercy petition or reject it," reports quoted an official as saying.
There are more than a dozen mercy petitions pending before the President for final decision, which include Parliament attack case convict Afzal Guru. However, it is considered likely that the President will act as promptly in the case as the home ministry, as the merciless assault on Mumbai has caused great indignation.
Home ministry officials said Kasab's mercy petition was dismissed as he was involved in a grave crime, which includes waging war against the country and killing of 166 persons, including foreigners.
The Supreme Court had, on 29 August this year, upheld the death sentence awarded to Kasab by the Bombay High Court for waging war against India in which 166 persons were killed and more than 300 others were injured. The apex court observed that he killed ''without the slightest twinge of conscience''.
The 25-year-old Pakistani and nine other Lashkar-e-Taiba terrorists landed in Mumbai on 26 November 2008 by sea from Karachi and went on shooting spree at various places across the city, in what is clearly the worst terror attack the country has suffered.
Kasab was the only terrorist captured alive; the other nine were killed by security forces.
He is currently lodged amid unprecedented security in a bomb-proof, egg-shaped cell at the high-security Arthur Road Jail in Mumbai.
Hope President takes quick decision: prosecutor
Ujjwal Nikam, special public prosecutor in the 26/11 case, today welcomed the decision of the union home ministry to reject the mercy plea of the lone surviving terrorist in the Mumbai terror attack, Ajmal Amir Kasab, and hoped that the President would reject the plea before 26 November.
"We have shown to the entire world that in a democratic country like India, we can complete a trial against a terrorist within the shortest possible time by following the principles of natural justice and legal process," PTI quoted Nikam as saying.
"I would appeal to the President of India to take a decision on the mercy petition of Kasab before 26 November, which shall mark four years of diabolic attacks unleashed upon India by terror organisation Lashkar-e-Taiba. This would be a great homage to the victims," Nikam said.
The home ministry's rejection of the mercy plea is not binding on the President and he would take an independent view in the matter, Nikam said. However, the President will be required to give weightage to the recommendation of the Maharashtra state and the Centre, he added.
Ajmal Kasab had moved a mercy petition before the President after the Supreme Court upheld his death sentence in the 26/11 case on 29 August this year.
