Mumbai:
Ajmal Kasab, sporting a stubble and wearing a white kurta-pyjama, watched via video- conference as the Bombay High Court confirmed his death sentence for waging war against India with the 26/11 attacks in Mumbai in 2008. He did not react after the verdict was announced.
"There is no scope of reform or rehabilitation of the Convicted-accused," said the judges. "It is a rarest of rare case and the court cannot be more confident than it is today that death penalty must be given." 166 people were killed when Kasab and nine other young Pakistanis sailed into Mumbai from Karachi. They then split into mini terror cells, launching simultaneous attacks in different parts of the city including a hospital, hotels, and the Chattrapati Shivaji Terminus used every day by thousands of train commuters.
Kasab - the only terrorist caught alive during the 26/11 terror attacks - was sentenced to death last year by a trial court in Mumbai for waging war against India. Today's verdict elaborated on that earlier order. Kasab "attacked the sovereignty of the government...to destabilize India and its economy," said the judges of the Bombay High Court. (
Timeline: Kasab's trial in Bombay High Court)
They also shortlisted the murders that Kasab committed, pinpointing deaths to him. The Bombay High Court found that Kasab and his partner, Abu Ismail, killed 56 innocent people. Kasab, the judges said, was solely responsible for 7 deaths, including three of Maharashtra's senior-most policemen who tried to protect Mumbai during the first few hours of the 26/11 attacks. Hemant Karkare who was the Anti-Terrorism Squad (ATS) chief was shot outside Cama Hospital along with Additional Commissioner of Police (ACP) Ashok Kamte and encounter specialist Vijay Salaskar.
"Like everyone else, I also expected the Bombay High Court to confirm the death sentence to Kasab. I welcome the judgement and expect that the punishment would be executed at the earliest," Kamte's widow, Vineeta, said to PTI.
Since his arrest, Kasab has been kept in a special bomb-proof and bullet-proof cell at Mumbai's Arthur Road Jail. For security reasons, he was given the option of participating in hearings in the Bombay High Court via video-conference instead of being brought to court. Legal procedure needs the High Court to ratify a death sentence given by a lower court. But in addition to signing off on the earlier verdict, the Bombay High Court also considered - and dismissed today - Kasab's appeal against his death sentence.
Kasab's lawyers had argued that the death sentence should not apply because he is 24 years old. But the judges said, "The diabolical and brutal nature of the crime over-rides the age factor." They also rejected the arguments that Kasab had been brain-washed by Lashkar terrorists in Pakistan, or that a death sentence would turn Kasab into a martyr and inspire other terrorists.
(Watch: It is a historic decision, says Ujjwal Nikam)The judges highlighted the bravery of the National Security Guard (NSG) commandos and policemen who fought the terrorists during 26/11. "We would be failing in our duty if we did not acknowledge the great sacrifice of the policemen and commandos who gave their lives," the verdict said.
The terrorist can now appeal in the Supreme Court against today's verdict.
(Read: Kasab can now appeal in Supreme Court)Last year, the trial court handling 26/11 acquitted two Indians - Faheem Ansari, Sabahuddin Shaikh - who were accused of helping the 26/11 terrorists to plan their attack against Mumbai. The government had appealed against their acquittal, but in this matter too, the High Court has agreed with the trial court's decision.
(Watch: Will fight Ansari, Sahabuddin's acquittal: Maharashtra CM)