Why Ajmal Aamir Kasab Must Be Given A Lawyer

Shiv Sainiks might have pelted stones at Anjali Waghmare’s home in Worli, and they might have made her think about her decision to agree to defend Ajmal Aamir Kasab in court, but the truth will stand. The lone terrorist alive (and captured) out of the team that attacked the Taj Hotel in Mumbai on 26/11 must go to court with a lawyer. And that lawyer will have to come out of our indigenous ranks. People might wonder why he needs a lawyer when what he has done is known to the whole world. Many might even ask why we’ve not hanged him yet. But hold that thought, for justice is not so easy to administer.

One thing we all will agree is he is guilty. But of what crimes he is guilty is not yet established. We do not know how many people died from his bullets. And we do not know how much of the plan was executed by him. We also do not know what was his motive behind this act. Yes, the whole operation qualifies as an attack on India as a country, but did Kasab take part in it because he had a thirst to kill citizens of India, or did he do it to support his family? More interestingly, is Kasab a terrorist, or in some way a prisoner of war? These questions, mind you, cannot be answered by the police who interrogated him, but by the court which will hear his case.

From the point of view of universal law (and Indian law, for that matter) as well, a defendant must be provided with a lawyer, no matter how concrete the evidence is, and no matter what the nature of the charges are. This is to ensure a fair trial. Technically too, any criminal case has a prosecution and a defence counsel, which ensure the hearing is not lopsided. Even Adolf Eichmann was allowed a lawyer, though the events that preceded his trial have been a topic of much debate for their accountability. Hence, if we are putting Kasab on trial, we must give him a lawyer.

If we do not allow Ajmal Aamir Kasab a lawyer, it is certain that if the Pakistani Police implicates any Indian expat in some kind of terrorist act in Pakistan, it will result in an automatic execution. Worse than that, another A.R. Antulay may surface and claim that Hindutva agents are not allowing Kasab to have a lawyer because then Hindu extremists in India who allegedly carried out the 26/11 attacks, according to him, would be exposed. Hence, benevolent India must give to the most sensational villain of our time a gift: a tryst with justice.

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6 Responses to Why Ajmal Aamir Kasab Must Be Given A Lawyer

  1. juturna says:

    yes – i agree totally, that no matter how heinous and obvious the crime be, a legal trial is incomplete without both sides being represented by lawyers, be it the defendant himself who is arguing his case…

    the Indian court, shoule be a fair and universal court of law, and adhere to all standards that make it so, this clause being a minimal one…

    if shiv sainik bigots choose to pelt her house with stones, they see not the bigger picture, sentimentalists and fools that they are…

    • December says:

      Yes, Shiv Sainiks might be sentimentalists, but no, they are not fools, for the real fools are people from the electorate who are influenced by such activities.

  2. Lucky says:

    good write-up…..

    But have u think that rapist also have some reasons, a killer has some reasons …….can we do advocacy for a rapist of our mother/sister…….can we have enough courage to give a lawyer to a culprit who raped with our daughter……..???

    Dont forget that those guys raped with our dignity,security,image ……..and I believe that shiv seniks or any true Indian are not “Napunsak”.Stones are a very small thing …… we hav enough respect to our judiciary system …… but more of that we love our nation first …….Anjali is doing this just for fame ……. !!!

    May be I m harsh…..but its made me upset !!!

    Anyways nice blog……..

    • December says:

      See this is what I’m talking about here. By giving Kasab a lawyer, we’re not doing any advocacy for him, but simply paving the road for a smooth trial. And quoting Shiv Sena, if he is “hung without trial”, we become perpetrators of an act of revenge, rather than dispensers of justice. And what Kasab will say in court will go a long way in proving that the 26/11 terrorists were from Pakistan, which it still denies.

      And I’m glad you poured out your feelings. As I’ve stated, you need not worry about sounding polite or harsh, for there are no codes of conduct here. Hope to see you again.

  3. cinnamon says:

    December, completely, completely agree with your world view of things, you’ve just about said everything, everything right required. Especially, in the precedent comment to mine.
    The mechanism of justice, has to be objective, even though its subject matter is highly emotional and ‘affective’.

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