What next? Several legal hurdles to cross

New Delhi, May 6: Despite the euphoria over a possible early hanging of Pakistani terrorist Ajmal Kasab, sentenced to death for the 26/11 attack, his execution might be a long-drawn process as the prosecuting agency is yet to cross several legal hurdles.

The immediate task before the Mumbai police is to get the death sentence confirmed by the Bombay high court, a mandatory requirement.
This might go quicker if no appeal is filed by Ajmal    Kasab, but if he does it will have to be heard in detail.
The government’s first task will then be to provide him a defence lawyer, as it did in the trial stage.
Even if the prosecution was able to fast track the process in the high court, it will still take at least another six months.
After that, assuming the Bombay high court rejects Kasab’s appeal, it is entirely possible that Ajmal Kasab will go in for a further appeal before the Supreme Court.
But if all these are rejected, the final stage — a possible mercy petition by Kasab to President Pratibha Patil — might see this case being put on a different pedestal from other clemency petitions.
Questions could be raised as to whether the head of the Indian state should at all admit a clemency plea by a foreign terrorist who waged war against India.
The 52 mercy petitions pending before the President, including by Parliament attack convict Afzal Guru, are all by Indian citizens.

S.S. Negi

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