On 21/2/2011 Bombay High Court confirmed death sentence of Ajmal Kasab for his crimes during 26/11. Many people expressed happiness. Someone said he is a foot soldier and pawn and we have to concentrate or mastermind.
A murderer is neither a foot soldier nor a pawn. He is a criminal. A pawn does not have life. A man has life and he makes choices and should face the consequences.
The murders were the outcome of a social issue like a marriage with a person of so-called lower caste. However, a time has come when we have to consider these social issues as relevant while considering the death sentence in the circumstances as these.â€
This judgment is dangerous and should not be allowed to set a precedent. If something is wholly unjustified it should not be considered whether the circumstances are peculiar or otherwise. Intercaste marriage is not a peculiar circumstance, more so in Bombay.
The judgment says Dilip, therefore, must have been a prey. Either he was a prey or he was not. Even if he were a prey that did not give him a right to murder. If other people poke their nose they should be told to shut up. Since the judges were sure about him being a prey this sentence should not have been part of the judgment.
The judgment goes against equality enshrined in the constitution of India when it says “when we have to consider these social issues as relevant while considering the death sentenceâ€. This justifies discrimination on the basis of caste and less punishment for people of “upper castes†for crimes against people of “lower castesâ€.
The Government of India must act. A review petition must be filed against this judgement in the Supreme Court. Prime Minister Manmohan Singh, Home Minister P. Chidambaram and Law Minister Veerappa Moily must begin the process of removal of these judges Justice V. S. Sirupurkar and Justice Deepak Verma.