[Reader-list] KASAV VERDICT

Sat May 8 15:48:06 IST 2010

Dear All, Yasir, Bipin

There is a lot of noise being made (in the media and elsewhere,  
including on this list) about how the execution of Ajmal Kasab is  
going to be delayed exactly as the execution of Afzal Guru has been  
delayed, and that this is going to happen because of the so-called  
policy of 'appeasement' of Muslims. I find these suggestions ill  
informed, and disgusting.

First of all, let me clarify that I am totally opposed to capital  
punishment, and it is for that reason that I am opposed to the  
hanging of Ajmal Kasab, if in the not so distant future, a court were  
to hand a death sentence to Lt. Col. Purohit, or, say to the current  
chief minister of the state of Gujarat, I would be opposed to those  
hangings as well, the question of their identities and their  
politics, even their acts and crimes, would not make a difference to  
my opposition to the awarding of a death penalty in either of these  
cases.

I am not for a moment suggesting that Kasab is innocent. As far as I  
can make out, he is guilty. I just think that capital punishment does  
not serve any worthwhile social or ethical purpose.

There is a clear difference between the cases of Kasab and Afzal  
Guru. I am one of those who has argued publicly against the death  
penalty for Afzal Guru. And the reasons for my arguments have nothing  
to do with his being Muslim. They have to do with the fact that  
Afzal's trial, as shown by the record, was deeply flawed. His being  
chared as guilty is substantially based on a confessional statements  
made by him extracted in police custody, which do not have  
evidentiary value, further, in his depositions, Afzal has  
consistently maintained that he was acting under the instructions of  
senior figures within the intelligence/security apparatus, these  
figures have not been examined in any court where Afzal has been  
tried. As long as they are examined, Afzal's trial cannot be seen to  
have been complete, free, or fair. It is for these reasons that many  
people have consistently opposed the awarding of the death penalty to  
Afzal. All this is a matter of public record, and yet, sections of  
the media, and many individuals continue to assert the blatant lie  
that all those who oppose the death penalty to Afzal do so because of  
his religious identity. This is a gross misrepresentation and a lie.

I find it utterly sad that several Muslim and other organizations in  
India found it necessary to mount loud public spectacles of their  
support for the death sentence to Ajmal Kasab. Ajmal Kasab is a  
terrorist, I have no sympathy for him or for his actions, but, I find  
the public expression of righteous bloodlust (and its projection by  
servile sections of the media) in order to win brownie points for  
'loyalism' utterly disgusting and obscene.

best

Shuddha

On 07-May-10, at 10:56 PM, yasir ~يا سر wrote:

> Dear Bipin +
>
> Their is a big assumption here. that the muslim groups in India  
> support
> Kasab. I am shocked to hear this, if this is what you mean____you  
> mean that
> indian muslims would try to get kasab off on easy terms because he is
> muslim. I think there may be a mistake: i think many would want to  
> do worse
> to him. this is another of those very basic points wholly solely being
> missed.
>
> best
>
>
>
> On Fri, May 7, 2010 at 3:07 PM, Bipin Trivedi <aliens at dataone.in>  
> wrote:
>
>> Dear Kshemendra,
>>
>>
>>
>> Parliament can and has right to make such decision if show will. But,
>> congress cannot show such will, who prolonged even Afsalguru  
>> conviction
>> keeping pending for so long for their vote bank politics.  
>> Comparison with
>> Shah Bano for the reason of vote bank politics only to appealing  
>> minor.
>> Reverting shah Bano verdict is classic example of minor  
>> appeasement and the
>> same case with Afsalguru and I am fear for Kasav also same thing  
>> might
>> happen.
>>
>>
>>
>> Thanks
>>
>> Bipin
>>
>>
>>
>>
>>
>>
>>
>>
>>
>> From: Kshmendra Kaul [mailto:kshmendra2005 at yahoo.com]
>>
>> Sent: Friday, May 07, 2010 1:35 PM
>>
>> To: sarai-list; Bipin Trivedi
>>
>> Subject: Re: [Reader-list] KASAV VERDICT
>>
>>
>>
>> Dear Bipin
>>
>>
>>
>> A. I am against the death penalty for anyone for any crime  
>> whatsoever. I
>> believe the 'death penalty' is awarded in barbaric societies, and  
>> yes,
>> India
>> is still barbaric in many ways.
>>
>>
>>
>> B. You might disagree on the above. That does not change the  
>> opportunity
>> allowed in India for anyone convicted in a crime in a Lower Court  
>> to take
>> the matter to a Higher Cour.
>>
>>
>>
>>     Since it is a question of a 'death penalty', Kasab has the  
>> right to
>> have his case heard by the Higher Courts right upto the Supreme  
>> Court.
>> After
>> that he has the right to appeal to the President for waiver of the  
>> 'death
>> penalty'. The Constitution of India provides that right. You  
>> cannot compare
>> Civil Law of the Shah Bano case witha 'death penalty' being awarded.
>>
>>
>>
>>     No one can take that right away from Kasab.
>>
>>
>>
>> Kshmendra
>>
>>
>>
>>
>>
>> --- On Thu, 5/6/10, Bipin Trivedi <aliens at dataone.in> wrote:
>>
>>
>>
>> From: Bipin Trivedi <aliens at dataone.in>
>>
>> Subject: [Reader-list] KASAV VERDICT
>>
>> To: "sarai-list" <reader-list at sarai.net>
>>
>> Date: Thursday, May 6, 2010, 3:33 PM
>>
>> AS EXPECTED, KASAV RIGHTLY GOT DEATH SENTENCE.
>>
>>
>>
>> Though terrorist's Kasav case was crystal clear, but still we have  
>> gone for
>>
>> about 17 months fair trial and proved that how transparent our  
>> judicial
>>
>> system is unlike Pakistan. But, after this trial and judgment, he  
>> should
>> not
>>
>> allow to appeal in the higher court and should be hanged in public
>>
>> immediately without further judicial procedure. if Indira Gandhi  
>> (ex PM)
>>
>> deny to obey court verdict and neglect law and Shah Banu case was  
>> revert
>> out
>>
>> of law by parliament than why cannot this? India should show the  
>> world that
>>
>> country cannot compromise in integrity and take hard action if  
>> required
>> like
>>
>> open public death sentence.
>>
>>
>>
>> Thanks
>>
>> Bipin
>>
>>
>>
>>
>>
>>
>>
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Shuddhabrata Sengupta
The Sarai Programme at CSDS
Raqs Media Collective
shuddha at sarai.net
www.sarai.net
www.raqsmediacollective.net