[Reader-list] KASAV VERDICT

[Rajendra Bhat Uppinangadi]

Hi, Malik jee, now that your posts have been reflecting the knowledge of
laws, and also that you acknowledge the political clout in judiciary and its
process, it may not be out of place to make a mention of the fact that Sri.
Sushil Kumar Shindhe being governor of Andhra, pardoned a convict ,
penalised with life setence for being a murder convict,G Venkata reddy, an
office bearer of Congress, then left the post of Governor to take up
ministry at Centre,!
Recent example being that of parol to manu sharma where in CM of delhi even
exceeded the brief for this convict for parole,as he is son of Congress
leader and grand son of Shankar dayal Sharma, who also happens to be past
veteran of oldest party.!Citizens have seen how the judicial process can be
twisted by the tail where ruling powerful play the roles with premier
investigation agency, CBI, where one judge commented that we can adjudicate
on the evidence produced but we can not hunt evidence for the state,so
prosectution is as good as it produces the evidence given by the
investigators to it in the process of trial, as seen the evidence was fudged
in many cases of murder accused, but for the hue and cry for justice in such
high profile cases many accused are still walking free, one being tht of
nithari killers boss, who happens to be in good books with rulers.!Only his
servant who brought the children is to hang and not the person who made him
do all that.!
I will not be surprised if, for political compulsions Shibu Soren is
pardoned provided he keeps away from opponents of Congress.!And that
precisely is the reason that he votes with Congress while his son talks of
being with NDA.?
Regards,
rajen.

On Thu, May 13, 2010 at 12:32 PM, A.K. Malik <akmalik45 at yahoo.com> wrote:

> Hi Jhuma,
>           I had sent the results of the NDTV survey for Mr Kaul who is not
> in favour of the death penalty.I was just to show him that majority of the
> people were in favour of the death penalty and I am one of those.I happen to
> be a law graduate and know the criminal law sufficiently well.The surveys
> are meant to indicate the public opinion and that too for the internet savvy
> people who prefer to vote for the surveys on line.If you are only to go by
> the people's opinion I have heard some saying "is ke oopper dahi-chini ka
> lep laga kar kutte chhor dene chahiye, phansi ki zaroorat nahin hai."
> By the way you don't need the entire nation to decide on whether there
> should be Capital punishment or not? Only a majority of our parliamentarians
> can amend the IPC.
> When the Governance wish to circumvent anything they can also find ways to
> do it as is being done in Afzal Guru's case where the Delhi Govt has sat on
> the clemency file for over 4 years, no one can do anything.So if the Govt
> wishes, it can give life even to those covicted to be hanged.Another case
>  now a days coming up is that of Koli of NOIDA who has been convicted to be
> hanged for raping and killing a minor girl.And there are 16 or so such cases
> against him. You can allow him to live on, I would think he needs to be
> hanged ASAP though with due process of law.
> You live with your opinion and I live with mine.The law would remain what
> it is in the Statutes unless changed.
> Warm regards,
>
> (A.K.MALIK)
>
>
> --- On Thu, 5/13/10, Jhuma Sen <sen.jhuma at gmail.com> wrote:
>
> > From: Jhuma Sen <sen.jhuma at gmail.com>
> > Subject: Re: [Reader-list] KASAV VERDICT
> > To: "A.K. Malik" <akmalik45 at yahoo.com>
> > Date: Thursday, May 13, 2010, 12:08 AM
> > Dear Mr Malik,
> >
> > Since when did public opinion/sentiment structure the path
> > criminal
> > justice should take? This is with reference to your NDTV
> > Survey. If
> > your NDTV survey was to be the be all and end all of
> > judicial and
> > legal reasoning, then my exasperation alas. Also, it seems
> > you
> > advocate that 4335 votes, which probably come from a
> > fraction of the
> > urban middle class, form the larger 'opinion' of the
> > country. What was
> > our population again? Or are you implying that
> > 1,139,964,932- 4335
> > Indians (do the calculation yourself) are not in a position
> > to form an
> > opinion in an issue as important as capital punishment for
> > Ajmal
> > Kasab.
> >
> > I think there is a need for those who advocate death
> > penalty for Kasab
> > to understand that a life imprisonment would have been a
> > more
> > exemplary punishment. How can death ever be a penalty, I
> > wonder?
> >
> > Best
> >
> > Jhuma Sen
> >
> > On Wed, May 12, 2010 at 11:49 PM, A.K. Malik <akmalik45 at yahoo.com>
>  > wrote:
> > >
> > > Dear Kaul Sahib,
> > >                 Thanks for the info. Just for
> > your information one of the items in an NDTV Survey on UPA
> > governance is a question:
> > > "Do you think 26/11 terrorist Kasab should have got
> > death sentence or life imprisonment?
> > > It indicates
> > >
> > > Death sentence     90.47%
> > > Life imprisonment     8.05%
> > > Don't know     1.48%
> > > Total Votes: 4335
> > > You would kindly see that most people are in favour of
> > death penalty.
> > >
> > > Regards,
> > >
> > > (A.K.MALIK)
> > >
> > > --- On Wed, 5/12/10, Kshmendra Kaul <kshmendra2005 at yahoo.com>
> > wrote:
> > >
> > > > From: Kshmendra Kaul <kshmendra2005 at yahoo.com>
> > > > Subject: Re: [Reader-list] KASAV VERDICT
> > > > To: "A.K. Malik" <akmalik45 at yahoo.com>
> > > > Cc: "Sarai List" <reader-list at sarai.net>
> > > > Date: Wednesday, May 12, 2010, 6:21 PM
> > > > Dear AKM
> > > >
> > > > Yes you are right. Somewhat right.
> > > >
> > > > It was Home Secretary GK PIllai who said that
> > Kasab
> > > > could be hanged within 8 months. But he also
> > > > indicated that period conditional to "If he
> > does
> > > > not file any appeal anywhere".
> > > >
> > > > Subsequently Law Minister Veerappa Moily did say
> > that
> > > > even if Kasab filed an appeal the case could be
> > and should
> > > > be fast-tracked and that Kasab will be hanged
> > within a
> > > > year.
> > > >
> > > > I was not wrong about the queue system for
> > > > clemency-appeals from Death Row. I read about
> > that rule
> > > > being followed. (just one example here :
> http://ibnlive.in.com/news/afzal-sushil-santosh-waiting-on-death-row/114683-3.html?from=trhs
>  )
> > > >
> > > >
> > > > Obviously it is not so and even if there is some
> > > > unwritten rule (as there seems to have been) then
> > it
> > > > can be circumvented at the choice of the
> > Executive as can be
> > > > seen in the remarks of Abhishek Singhvi in this
> > report :
> http://ibnlive.in.com/news/queue-not-caste-in-stone-in-kasabs-case-cong/114748-37-64.html?from=trhs
> > > >
> > > > If the queue systen can be broken for
> > fast-tracking
> > > > for one set of reasons (in Kasab's case) then it
> > can
> > > > also be broken to delay for another set of
> > reasons (in
> > > > Afzal Guru's case).
> > > >
> > > > Since, as you know, I am against the
> > Death-Penalty,
> > > > therefore I have no interest in exploring either
> > set of
> > > > reasons for either or any other case.
> > > >
> > > > In an earlier mail I had mentioned 29 people
> > being on
> > > > the Death Row with Right of Appeal to President
> > for Clemecy.
> > > > I was wrong about that too. It would be more than
> > 50. In
> > > > August 2008 itself there were 50 as per response
> > to a RTI
> > > > petition. Details here:
> > > >
> http://www.rtiindia.org/forum/6488-50-clemency-pleas-pending-before-prez.html
> > > >
> > > > Kshmendra
> > > >
> > > >
> > > > --- On Wed, 5/12/10, A.K. Malik
> > > > <akmalik45 at yahoo.com>
> > wrote:
> > > >
> > > >
> > > > From: A.K. Malik <akmalik45 at yahoo.com>
> > > > Subject: Re: [Reader-list] KASAV VERDICT
> > > > To: "Kshmendra Kaul"
> > > > <kshmendra2005 at yahoo.com>
> > > > Cc: "Sarai List" <reader-list at sarai.net>
> > > > Date: Wednesday, May 12, 2010, 5:16 PM
> > > >
> > > >
> > > > Dear Mr Kaul,
> > > >              You
> > > > must have seen Times of India newsitem wherein Mr
> > Moilly,
> > > > the Law Minister says that Kasab will be hanged
> > in 8 months
> > > > time even if he files appeal.What happened to the
> > Queue
> > > > system where mercy petitions are waiting? Is he
> > going to
> > > > break the Q for poor Kasab and leave Afzal
> > living? Something
> > > > is definitely fishy about Afzal being kept alive
> > and not the
> > > > Q system you had relied upon.
> > > > Regards,
> > > >
> > > > (A.K.MALIK)
> > > >
> > > >
> > > > --- On Sun, 5/9/10, A.K. Malik <akmalik45 at yahoo.com>
> > > > wrote:
> > > >
> > > > > From: A.K. Malik <akmalik45 at yahoo.com>
> > > > > Subject: Re: [Reader-list] KASAV VERDICT
> > > > > To: "Kshmendra Kaul" <kshmendra2005 at yahoo.com>
> > > > > Cc: "Sarai List" <reader-list at sarai.net>
> > > > > Date: Sunday, May 9, 2010, 11:54 AM
> > > > > Dear Mr Kaul,
> > > > >               I am
> > > > sorry
> > > > > to interrupt the thread between you and Mr
> > Bipin, but
> > > > after
> > > > > reading your post couldn't resist writing
> > back.
> > > > > 1&2.There is no harm in having an
> > opinion/point of
> > > > view
> > > > > different than what is the law in force.So
> > long as it
> > > > is not
> > > > > changed,the punishment would be based on the
> > Supreme
> > > > Court
> > > > > verdict that death penalty should be given
> > only in
> > > > rarest of
> > > > > rare cases and this is what has been done by
> > the Judge
> > > > in
> > > > > the Kasab case.To give the convicted
> > > >  person a safeguard
> > > > > against a wrong conviction of death
> > penalty,it is
> > > > mandatory
> > > > > for the sentence to be ratified in the next
> > higher
> > > > court, in
> > > > > this case Bombay High Court.
> > > > > If HC doesn't consider it as rearest of the
> > rare
> > > > case then
> > > > > it is a  different matter.
> > > > > 3.Ask the relatives of the persons killed by
> > the
> > > > barbaric
> > > > > act of the terrorist who want the fellow to
> > be hanged
> > > > in
> > > > > public/shot dead without trial even but the
> > law of the
> > > > land
> > > > > has prevailed and must prevail.
> > > > > 4. Everyone on the road knows why Afzal Guru
> > is not
> > > > being
> > > > > hanged.Anything rest is all bullshit.You
> > have written
> > > > > that"There is a rule followed that each one
> > will
> > > > await its
> > > > > turn for being accepted or being rejected.
> > THIS IS
> > > > >  IMPORTANT.",just give a refernce to this
> > > > rule so that we
> > > > > also become aware.Even a clerk in Govt
> > Office knows
> > > > to
> > > > > prioritise which file is to be
> > > >  sent early and which later
> > > > > but the Delhi Govt can't make up its mind to
> > send
> > > > comments
> > > > > on Afzal's petition in 5 years.Even if such
> > a rule
> > > > exists
> > > > > who stops the Govt from changing it by
> > executive
> > > > > directions-because no such rule exists at
> > all. I say
> > > > almost
> > > > > all such "mercy petitions" have some or the
> > > > other contacts
> > > > > in political and bureaucracy and are
> > intentionally
> > > > being
> > > > > dragged. So long live Afzal because the
> > earlier
> > > > petitions
> > > > > will never be decided in his life time.May
> > be if Kasab
> > > > also
> > > > > gets the same stature as Afzal, he will also
> > live on.
> > > > > Yes, we belong to Gandhiji's land so we
> > don't
> > > > do anything
> > > > > to people who come and kill us and would
> > rather say
> > > > come
> > > > > kill us and we will give you immunity from
> > being
> > > > hanged and
> > > > > even punished and spend crores of rupees for
> > your
> > > > safety.
> > > > > Long live Indian Politics!
> > > > > With regards,
> > > > >
> > > > >
> > > >  (A.K.MALIK)
> > > > >
> > > > >
> > > > > --- On Sat, 5/8/10, Kshmendra Kaul <kshmendra2005 at yahoo.com>
> > > > > wrote:
> > > > >
> > > > > > From: Kshmendra Kaul <kshmendra2005 at yahoo.com>
> > > > > > Subject: Re: [Reader-list] KASAV
> > VERDICT
> > > > > > To: "Bipin Trivedi" <aliens at dataone.in>
> > > > > > Cc: "sarai-list" <reader-list at sarai.net>
> > > > > > Date: Saturday, May 8, 2010, 7:37 PM
> > > > > > Dear Bipin
> > > > > >
> > > > > > We are
> > > >  talking in circles now. I will try to make
> > this
> > > > > my
> > > > > > last post on this thread and you are
> > most welcome
> > > > to
> > > > > have
> > > > > > the final say.
> > > > > >
> > > > > > 1. To answer the easier question. Yes,
> > in my
> > > > opinion,
> > > > > the
> > > > > > countries including India, USA, China,
> > Pakistan
> > > > and
> > > > > > whosoever else, even if they total to
> > 99% of the
> > > > > World
> > > > > > Population are BARBARIC in having the
> > 'death
> > > > penalty'
> > > > > as
> > > > > > punishment for any crime whatsoever.
> > > > > >
> > > > > >     I hope you understand that I
> > > > am not calling
> > > > > these
> > > > > > countries 'barbaric' in their
> > sum-total,
> > > > but
> > > > > 'barbaric' with
> > > > > > regards to death-penalty.
> > > > > >
> > > > > > 2. Yes our (Indian) Constitution
> > permits the
> > > > 'death
> > > > > > penalty' and from my point of view that
> > needs
> > > > to be
> > > > > changed.
> > > > > > And, because I want
> > > >  to see that changed therefore my
> > > > > > argument is not irrelevant but it is a
> > mirror
> > > > for
> > > > > showing
> > > > > > the barbarism of death-penalty existing
> > in the
> > > > > Constitution
> > > > > > and the blood-lust of those who are
> > scream for
> > > > anyone
> > > > > at
> > > > > > all to be done to death for any crime
> > > > whatsoever.
> > > > > >
> > > > > > 3. My (and presumably other 'people
> > like
> > > > me') opposing
> > > > > the
> > > > > > 'death penalty' is not meant for
> > saving
> > > > one person but
> > > > > for
> > > > > > saving every person who might be
> > awarded the
> > > > death
> > > > > sentence
> > > > > > whether that person has killed 1 or a
> > hundred or
> > > > > thousands.
> > > > > >
> > > > > > 4. I tried to explain to you in the
> > last mail why
> > > > the
> > > > > delay
> > > > > > in execution of Afzal Guru is not
> > 'minority
> > > > > appeasement' but
> > > > > > I seem to have been unsuccessful.
> > > > > >
> > > > > >    There
> > > >  are reportedly 29 'mercy petitions' like
> > > > > that
> > > > > > of Afzal Guru lying pending with the
> > President
> > > > of
> > > > > India.
> > > > > >
> > > > > >    Afzal Guru was sentenced to
> > > > death in 2004.
> > > > > >
> > > > > >    Let me now give you some names of
> > > > those who were
> > > > > > awarded the death sentence before Afzal
> > Guru and
> > > > you
> > > > > might
> > > > > > realise that there is no 'minority
> > > > appeasement' in
> > > > > play.
> > > > > >
> > > > > >   Look at these names: Murugan; G.
> > > > > Perarivalan; Chinna
> > > > > > Shanthan;  Davinder Singh
> > > > > >
> > > > Bhullar ;  Simon; Gnanprakasham; Meesekar
> > > > > > Madaiah; Bilvendran; Gurdev
> > > > Singh; Satnam
> > > > > Singh; Para
> > > > > > Singh; Sarabjit Singh; Praveen Kumar
> > > > > >
> > > > > >    There is a rule followed that
> > each
> > > > one will await
> > > > >
> > > >  its
> > > > > > turn for being accepted or being
> > rejected. THIS
> > > > IS
> > > > > > IMPORTANT. You have said that "Legal
> > > > experts clearly
> > > > > says
> > > > > > there is no such law to go with queue
> > for death
> > > > > sentence
> > > > > > matter." Will you please tell me which
> > > > "Legal Experts"
> > > > > But,
> > > > > > isnt it logical that it should be turn
> > by
> > > > turn.
> > > > > >
> > > > > >    Your main argument
> > > > for fast-tracking the
> > > > > execution of
> > > > > > Afzal Guru is "One must separate
> > terrorists
> > > > conviction
> > > > > with
> > > > > > other conviction. Due to our this
> > terror soft
> > > > > approach, we
> > > > > > are unable to fight terror to the
> > extent what
> > > > actually
> > > > > we
> > > > > > should do."
> > > > > >
> > > > > >    You are conveying that putting
> > Afzal
> > > > Guru to
> > > > > death
> > > > > > speedily will deter other terrorists
> > from
> > > > attacking
> > > > > India.
> > > > > >
> > > >
> > > > > >    In this I disagree with you and
> > let
> > > > me tell you
> > > > > why.
> > > > > > Bipin there is no evidence at all from
> > any part
> > > > of the
> > > > > World
> > > > > > that executing the 'death sentence'
> > for
> > > > any kind of a
> > > > > crime
> > > > > > leads to decrease in the incidence of
> > that
> > > > particular
> > > > > crime.
> > > > > > If you have any such evidence please do
> > share it.
> > > > You
> > > > > can
> > > > > > take the examples of the very countries
> > you
> > > > mentioned
> > > > > USA,
> > > > > > China, Pakistan and you can add to that
> > all
> > > > other
> > > > > countries
> > > > > > where the 'death penalty' is awarded
> > and
> > > > executed.
> > > > > >
> > > > > > As I said earlier, you can have the
> > final say.
> > > > > >
> > > > > > Kshmendra
> > > > > >
> > > > > >
> > > > > > --- On Sat, 5/8/10, Bipin Trivedi
> > <aliens at dataone.in>
> > > > > > wrote:
> > > > > >
> > > > > >
> > > > > > From: Bipin Trivedi <aliens at dataone.in>
> > > > > > Subject: RE: [Reader-list] KASAV
> > VERDICT
> > > > > > To: "'Kshmendra Kaul'" <kshmendra2005 at yahoo.com>
> > > > > > Cc: "sarai-list" <reader-list at sarai.net>
> > > > > > Date: Saturday, May 8, 2010, 10:54 AM
> > > > > >
> > > > > >
> > > > > > Dear Kshemendra,
> > > > > >
> > > > > > I have not at all missed the central
> > point.
> > > > Politician
> > > > > go
> > > > > > out of law for
> > > > > > their selfish
> > > >  motto, but not for terror conviction.
> > > > > What's
> > > > > > the reason? Can
> > > > > > you tell? Just because of political
> > mileage,
> > > > nothing
> > > > > else.
> > > > > > It's real problem
> > > > > > that people like you did not understand
> > this.
> > > > Because
> > > > > they
> > > > > > were punished as
> > > > > > terrorists activity and so the special
> > case and
> > > > not
> > > > > because
> > > > > > of their
> > > > > > religion. One must separate terrorists
> > > > conviction
> > > > > with
> > > > > > other conviction. Due
> > > > > > to our this terror soft approach, we
> > are unable
> > > > to
> > > > > fight
> > > > > > terror to the
> > > > > > extent what actually we should do.
> > > > > >
> > > > > > I have never mentioned that Afsalguru
> > should be
> > > > given
> > > > > > priority for
> > > > > > punishment because he belongs to
> > minority, but
> > > > due to
> > > > > > terrorist act
> > > > > > conviction only. Whoever involved in
> > this and
> > > > even in
> > > > > the
> > > > > >
> > > >  future any
> > > > > > religion should be treated as same for
> > terror
> > > > > conviction.
> > > > > >
> > > > > > Afsalguru case is clear minor
> > appeasement for
> > > > not
> > > > > executing
> > > > > > his conviction
> > > > > > and goes wrong message to terror groups
> > and
> > > > encourage
> > > > > them
> > > > > > further. Legal
> > > > > > experts clearly says there is no such
> > law to go
> > > > with
> > > > > queue
> > > > > > for death
> > > > > > sentence matter. Earlier such execution
> > of death
> > > > > sentence
> > > > > > carried out, out
> > > > > > of turn in the couple of occasions.
> > > > > >
> > > > > > Constitution of India (SC) has already
> > convicted
> > > > > death
> > > > > > sentence in 2006,
> > > > > > this cabinet for strange reason
> > delaying it. So,
> > > > this
> > > > > is
> > > > > > clear minor
> > > > > > appeasement case Dear Kshemendra. This
> > is where
> > > > > congress
> > > > > > lack will to fight
> > > > > > terrorism.
> > > > > >
> > > >
> > > > > > You personally oppose death sentence
> > is
> > > > altogether
> > > > > > different issue. Our
> > > > > > constitution permits death sentence, so
> > you
> > > > argument
> > > > > at
> > > > > > present is
> > > > > > irrelevant of blood thirsty animal from
> > Indian
> > > > point
> > > > > of
> > > > > > view. It is
> > > > > > unfortunate that people like you oppose
> > death
> > > > sentence
> > > > > for
> > > > > > the people who is
> > > > > > blood thirsty for hundreds or thousands
> > of
> > > > people. You
> > > > > want
> > > > > > to save the life
> > > > > > of one person who engaged in blood bath
> > and take
> > > > lives
> > > > > of
> > > > > > 100/1000 of
> > > > > > people!!!
> > > > > >
> > > > > > India is barbaric in your view by
> > adopting death
> > > > > sentence
> > > > > > than those nation
> > > > > > like US, China, Pakistan and many more
> > are also
> > > > > barbaric
> > > > > > for adopting this
> > > > > > law. This is about 70% of world
> > population is
> > > > >
> > > >  barbaric
> > > > > > according to you!
> > > > > >
> > > > > > Thanks
> > > > > > Bipin
> > > > > >
> > > > > >
> > > > > >
> > > > > > From: Kshmendra Kaul [mailto:kshmendra2005 at yahoo.com]
> > > > > >
> > > > > > Sent: Friday, May 07, 2010 4:10 PM
> > > > > > To: Bipin Trivedi
> > > > > > Cc: sarai-list
> > > > > > Subject: RE: [Reader-list] KASAV
> > VERDICT
> > > > > >
> > > > > > Dear Bipin
> > > > > >
> > > > > > You have missed the central point. The
> > > > Constitution
> > > > > of
> > > > > > India gives that
> > > > > > right to Ajmal Kasab and also to Afzal
> > Guru.
> > > > > >
> > > > > > FYI Afzal Guru is not the only one
> > who's
> > > > appeal for
> > > > > waiver
> > > > > > of 'death
> > > > > > penalty' is pending with the President.
> > And
> > > > most of
> > > > > the
> > > > > > others are Hindus.
> > > > > >
> > > >  So stop obsessing about 'appeasement of
> > > > minorities' in
> > > > > this
> > > > > > case.
> > > > > >
> > > > > > The Constitution of India is not so
> > petty that it
> > > > will
> > > > > be
> > > > > > changed just
> > > > > > because you or someone else or even if
> > millions
> > > > of
> > > > > Indians
> > > > > > want to deny
> > > > > > Kasab the tiered rights to Courts and
> > appeal to
> > > > > President.
> > > > > >
> > > > > > Bipin, one should not accuse others of
> > behaving
> > > > > > like blood-thirsty animals
> > > > > > and then become a blood-thirsty animal
> > > > > himself/herself.
> > > > > >
> > > > > > Kshmendra
> > > > > >
> > > > > >
> > > > > > --- On Fri, 5/7/10, Bipin Trivedi
> > <aliens at dataone.in>
> > > > > > wrote:
> > > > > >
> > > > > > From: Bipin Trivedi <aliens at dataone.in>
> > > > > > Subject: RE: [Reader-list] KASAV
> > VERDICT
> > > > > > To: "'Kshmendra Kaul'" <kshmendra2005 at yahoo.com>
> > > > > > Cc: "sarai-list" <reader-list at sarai.net>
> > > > > > Date: Friday, May 7, 2010, 3:37 PM
> > > > > > 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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> > >
> > >
> > > _________________________________________
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-- 
Rajen.