HC UPHELDS DEATH SENTENCE FOR KASAB

[GUNS-N- ROSES]

Live! Kasab laughs as death sentence is read out - Rediff.com India News

ITS A GOOD NEWS. BUT I DONT THINK WE CAN HANG HIM ANY SOON. HE WILL CHALLENGE VERDICT IN SUPREME COURT. IF SUPREE COURT ALSO UPHOLDS SENTENCE, HE CAN ALWAYS FORWARD MERCY PLEA TO PRESIDENT. AND GIVEN OUR POLITICAL AND JUSTICE SYSTEM, IT WILL BE ANOTHER 20 YRS BEFORE WE CAN ACTUALLY HANG HIM.

 

[thebrownguy]

I am sure the Mumbai Police has made sure he will never be able to cash in on the "72 virgins" cupon!!!

 

[Trichy]

Good news indeed but live killing of people, still living on the ground. Its waste of money and time...

 

[KS]

Live! Kasab laughs as death sentence is read out - Rediff.com India News

ITS A GOOD NEWS. BUT I DONT THINK WE CAN HANG HIM ANY SOON. HE WILL CHALLENGE VERDICT IN SUPREME COURT. IF SUPREE COURT ALSO UPHOLDS SENTENCE, HE CAN ALWAYS FORWARD MERCY PLEA TO PRESIDENT. AND GIVEN OUR POLITICAL AND JUSTICE SYSTEM, IT WILL BE ANOTHER 20 YRS BEFORE WE CAN ACTUALLY HANG HIM.

I think only Indian citizens can appeal to the President for mercy. Not Pakistanis or any other foreign nationals.

 

[duhastmish]

is he still alive ????? what for ?

bl00dy hell the judicial system is such a garbage- too much time consuming. give him 10 more trial and then he will die on his own because of old age.

 

[DV RULES]

I think only Indian citizens can appeal to the President for mercy. Not Pakistanis or any other foreign nationals.

The Indian Constitution grants clemency powers to the President and the Governors of States, respectively through Articles 72 and 161 of the Constitution of India, respectively. The purpose was to add a humane approach by means of a reprieve or mercy. Forgiveness, as we all know, is considered to be divine. In matters pertaining to public welfare, it becomes necessary to see whether granting pardon overturns the intention of the conviction.

The Constitution of India permits any convict who is sentenced to death to appeal for mercy. However, the President and the Governors are not obliged to accept every mercy plea. They are supposed to take their decisions on the basis of the advice given by the cabinet.
Constitution of India: Scope of Clemency Powers and Their Judicial Review

According to the Constitution of India, the President and the Governors of State are bound to act on the advice of the Union council of ministers while deciding on mercy petitions. The exercise of these powers can be granted under Articles 72 and 161, but they are subject to judicial review. However, the scope of this judicial review is limited to examining whether the clemency powers have been used with reasonable application of mind or on the basis of extraneous or malafide consideration.

When a decision is made on application of mind, the court will take no action over it but if the pardon appears to be based on malafide or extraneous considerations, it can set aside the decision of the President or the Governor.

A clear instance of this principle was evident in a court judgment that set aside the decision of Andhra Pradesh Governor, Sushil Kumar Shinde to remit the sentence of a Congress activist. Gouru Venkata Reddy. Reddy was undergoing a ten-year prison sentence for killing two persons including a TDP activist.
Constitution of India: Identifying Extraneous and Malafide Consideration

The Constitution of India mandates that the rule of law is essential for all considerations. When the President of Governor, considers the mercy petition or clemency petition on the basis of caste, religion or political loyalty, it becomes a case of extraneous consideration. The President and the Governors can also exercise their power to pardon on the ground that they do not feel justice was done or the sentence passed by the court is too harsh.


Applications or petitions of mercy by foreigners will have to be consider on the same footing as those submitted by Indian citizens.

A conceptual analysis of the president

 

[Frank Martin]

Please dont hang him....instead Shoot him from bottom to top.

 

[IndianArmy]

A crime, a Culprit a Punishment , Its Cosmic Law.... Dont defy it , Hand him over to the Public and Watch Him Die....

 

[duhastmish]

A crime, a Culprit a Punishment , Its Cosmic Law.... Dont defy it , Hand him over to the Public and Watch Him Die....

whats the need for whole nation to stoop to same level of kasab- . its not really worth one bug.

let the democracy work - but speed up the process of judgment. that is all required .....

 

[RoYaL~GuJJaR]

Hand him over to the relatives and family members of all those 56 innocent ppl who got kill by him at CST...! And let them kill him as they want to..!

Hanging him is the most easiest death for him...! Is ha*****r ko tadpa tadpa k marna chahiye....

 

[brahmastra]

public ke havale kardo, aadha-aadha kilo bant legi.
because, human rights are only for Humans.

or may be send him to an ordinary jail. Bhailog ke bistar garam karega.

 

[IndianArmy]

whats the need for whole nation to stoop to same level of kasab- . its not really worth one bug.

let the democracy work - but speed up the process of judgment. that is all required .....

If it were to be what it takes to End this , Then there is no harm in doing what I said.... Mass Murderers Must be Handed Over to the Public, People Form the Democracy, People Can take up the Stand in a democracy.... People can Frame a Constitution

 

[ajtr]

I see a lot of blood thirsty indians here who want to bypass courts and due process.Funny thing is these people in the same breath ( self proclaim) indians as non-volient,democratic,law abiding people. which act as fine cloak of pretensions for such people.

 

[IndianArmy]

Some Self portrayed often Proclaimed Intelligents Do not know , If People form the govt in a Democracy then people have every right to do the govt Job , which Includes persecution of Someone Prosecuted to Death which however has not found its place in the books of Law...

 

[RoYaL~GuJJaR]

I see a lot of blood thirsty indians here who want to bypass courts and due process.Funny thing is these people in the same breath ( self proclaim) indians as non-volient,democratic,law abiding people. which act as fine cloak of pretensions for such people.