Indians seek prompt justice against Mumbai killer (News Feature)

By Siddhartha Kumar May 6, 2010, 18:19 GMT

New Delhi - The death sentence handed down to the lone surviving gunman in the 2008 Mumbai attacks is widely seen as just, but it could be years before the militant described as a 'killing machine' and 'cruelty incarnate' faces the noose.

Ajmal Kasab, from the Pakistan-based Islamist Lashkar-e-Taiba group, was behind 72 of the 166 killings during the 60-hour terrorist siege of India's financial hub that traumatized the South Asian nation.

Kasab is among more than 300 people on death row in India. But convicted criminals have avoided the gallows for years, a fact that pains victims' families who believe justice delayed is justice denied.

Soon after Thursday's verdict, Indians were demanding the sentence be carried out promptly.

'It is already 18 months after India's worst terrorist attacks. Our only wish is that Kasab's execution should not be delayed at any cost,' said Navdeo Omble, a relative of police Inspector Tukaram Omble, who died while capturing Kasab.

Although India has the death penalty it is not commonly used. The only hanging since 1995 was that of security guard in 2004 who was convicted of raping and murdering a schoolgirl.

According to the Indian government, more than 250 death row inmates are awaiting superior court endorsements of death sentences passed by trial courts. Fifty-two convicts have petitioned President Pratibha Patil for clemency.

The Mumbai trial was the fastest terrorism trial in India, taking roughly a year. But it is unlikely Kasab would face his actual punishment anytime soon.

Kasab's sentence has to be approved by the Mumbai High Court, a process which could last for months. If the court has upholds the death sentence, Kasab has the option of appealing to the Supreme Court.

Even if the top court's decision goes against him, Kasab could still file a clemency petition with Patil.

Patil's secretariat could take a long time over the petition given that it still has to decide on a long list of such pleas, including that of Mohammed Afzal, a Kashmiri separatist involved in a 2001 attack on the Indian Parliament.

'There has to be a sense of closure for victims' families who feel justice has prevailed. Anything less is unacceptable, ' former Mumbai police chief MN Singh said.

'How would such a sentence act as a deterrent unless it is promptly executed. This is expected in a country which has declared zero-tolerance against terrorism,' he said.

The verdict evoked strong reactions from Indians. Some feel that for attacks of such magnitude, higher courts should not take long to uphold the conviction and mercy petitions should not be entertained.

'We should not give him an opportunity to approach the Supreme Court. We should hang him immediately,' said Kavita Karkare, wife of regional anti-terrorism squad chief Hemant Karkare, who was killed by a terrorist's bullets.

Amid an ongoing debate about the morality of capital punishment, the Indian intelligentsia is convinced the death penalty is valid in cases involving national security and terrorism.

They contend there was little scope of leniency for Kasab in an act that was likened to a 'terrorist invasion.'

Online journalist Saisuresh Sivaswamy wrote that 'fast-track courts would make no sense if the verdict was not fast-tracked'.

'India ... is reluctant to enforce the death sentence. It is likely that the convicts will die of old age and natural causes than from the hangman's noose'.

'People feel bitter that terrorists like Afzal, who carried out attacks that shook the nation's conscience, have gone unpunished. For the victims' families, every single day the convict lives defeats the purpose of justice,' said Milind Tiwary, a Delhi-based business executive.

There is also anger over the 'special treatment' of Kasab - the costliest prisoner in India. Roughly 4,500 dollars a day or 35 million rupees have been spent till now on his medical expenses and security including, including a special detention cell.

'Vast sums of the taxpayers money are being spent on Kasab's security, ironically, in the same city where he wreaked havoc months ago,' Mumbaiker Lalit Shah said.