Most of the Indians dailies greeted the nation on May 7 to banner headlines that invariably read that Kasab/Kasav/Qasab was to hang to death. Most of the people in the nation would have sighed in relief and justifiably so as after all the special court in Mumbai had given its verdict on a person who went about on a killing spree on November 26, 2008. He along with nine of his accomplices killed more than 150 people who were enjoying a Wednesday evening. The judiciary has gone into the merits of the case and has awarded the punishment in its wisdom.
However, I think he should not be hanged (especially not on the reasons stated).
At the outset let me clear the air by stating that I hold no brief for terrorists nor am I a legal luminary (by any stretch of imagination) to advise the judiciary. But it frightens me to think that the reasons given by the court and the reactions to the verdict can be heeded in a democracy (not to forget that we are a young democracy and the decisions we make now would decide the quality and type of society we mature into).
Special Judge M L Tahaliyani has stated "This man (Kasab) has lost the right of getting humanitarian benefits. And considering the way in which he committed the heinous offences, there was no chance of any reform. Undue sympathy will do more harm." There have also been cries from various quarters that the execution should be in public gaze.
Kasab no doubt is a criminal and should pay the price for his deeds. But should it be with his life and that too with statements that amount to the rhetoric that resonates a call for revenge – ‘Now it is time we bay for your blood’.
Moreover if one were to analyse Tahaliyani's statement there are a few disturbing observations. He says that Kasab has "lost his right for getting humanitarian benefits" and that there is "no chance of any reform". He also says that "undue sympathy will do more harm". The judge, as the representative of the judiciary is in his right to say that Kasab has lost his right to any leniency or judiciary benefits/considerations. It is a frightening prospect to think that the judiciary in a country decides the right to live. Was Tahaliyani speaking representing humanity as a whole? Certainly 'No' and I do think his comments were clouded by the Indian in him.
When Tahaliyani says that there is no chance for reform he is mocking at the convict correction system in the country. It is a sad testament that a senior judge says that reform is not possible. Unfortunately, the judge has said a truth - the system in our country does not correct or reform a person.
The more harm that the judge was referring to is a Kandahar-type hijack in which terrorists would be traded for innocent lives. I find this observation weird on two counts. Firstly, Kasab is not a person who knew the working, organisational structure and links with the handlers and the actual brains behind the 26/11 attack. Kasab did it for money and because he was indoctrinated and brainwashed into believing the cause of jihad. To believe that his handlers in Pakistan would repeat a Kandahar-like situation to win the release of Kasab beats logic. By now investigating agencies in India might have extracted all the possible information from Kasab. The situation with Hafiz Saeed (the alleged mastermind of the 26/11 attack) was different. Securing his release was important for the LeT. That is not the case with Kasab. His release, through 'dreaded' methods, might be a boost for them but it is hard to believe that they would care to take that trouble when a dime a dozen Kasabs are readily available. Secondly, his death sentence should not arise from the possibility that there might be a scenario in the future. No one keeps awake all night fearing a robber that may break in. Nor does anyone kill the hen in fear of the fox.
The other disturbing trend is the revenge cry that is emanating from various quarters. Many people and forums are asking for a public execution to give the victims and their kin justice. Though chances of that seem rather slim, was this the nation that condemned the public executions that were happening in Taliban-ruled Afghanistan? This demand for revenge is akin to an early medical form of entertainment that used to take place in a structure we now call Colosseum. The Colosseum or Roman Coliseum was the place where the Roman Empire was entertained – with gladiator contests and public spectacles such as mock battles, animal hunts and executions.
In Kasab’s case many have suggested the venue for execution as the Gateway of India. So if the fears of reform and threats gain voice and if unjustifiable public sentiment has its way, soon we would have a public spectacle. Everyone would flock to the Gateway, the Mumbai municipal corporation could build a temporary stadium around the venue, issue entry passes (the proceeds of which will go for the welfare of the 26/11 victims), have a theatre group re-enact 26/11, catering to the sentiments of all Indian, especially the ones who would not be able to make it, stream the execution footage live, give the rights to some channel (even Youtube). How could I forget- Cheergirls.