Monday, December 15, 2008

Does the convict like Qasar deserve fair trial???

Almost every channel i was watching was discussing whether terrorists like Kasav deserves the fair trial??? Should he get the lawyer?? Should he be allowed to defend himself???

Was watching some news channel which claimed that they were conducting the poll and around 79 % of the respondents said "Azam Amir Kasav" should not be given any fair trial and should be hanged without a question. After all he is a terrorist. Afterall he is one of the guys who is responsible for death of 100s of citizens. And all the terrorists must be taught a lesson and so on...

This is just my account of what i feel about it. Many may feel i am not sure of what i am talking...but i believe I am going to be try and be very practical while talking about it. No doubt i may be wrong in my views but if you think so...please let me know..i guess i might have never thought of that issue.

Lets try and see two scenarios 1. He should be given a fair trial. and 2.He should be hanged without a question.

1. He should be given fair trial. -:
Yes i agree he is a criminal and that too a terrorist. A terrorist who is captured alive and himself admitted of being involved in the attack. But does that mean he cant given any Lawyer?
I would say NO....let him get the lawyer and plead guilty for his heinous crime. Why should he not get a lawyer? I mean does anybody think what can be Indias international image if we do not provide him with a lawyer??
Lets consider the second thing if he gets a death sentence without a trial...it can set a really bad presedence for out country. Imagine that tomorrow any fellow who has deep contacts inside ministry and all can come up with an excuse for somebody to get arrested and be hanged without a trial. And once you do that you may get a series of the sorts. Remember how POTA was used or may be misused??? Please dont kill the want for some good laws with this unlawness.....
We must remember that all politicians are not honest and with a clean background so when we take some step like that...it is more likely that it will backfire.
We must also remember the fact that we gave a fair trial to the person like Afzal Guru in the parliment attack...even though he was awarded Death Sentense he has not been hanged to death so dont forget even if you do decide to hang Kasav then politicians will get one more reason to play the card of unfair treatment and who knows Kasav may just walk free tomorrow. At least if the case is in court then at least there is more likely possibility that politicians wont try to save him and get one more ticket or seat for their party.
After all Kasav is also a human being. We gave Rajiv Gandhis killer Nalini Sriharan fair trial. She is in jail today but she got a fair trial. We gave Afzal Guru a fair trial; then why single out Kasav this time?? We have always given a fair trial to all the criminals until now...then why this time a cry for no case and no advocate??? can somebody tell me that???If our laws are weak; strengthen them. Try to improve to such a state where it would be nearly impossible for a criminal to escape after commiting a crime. Have we people forgotten the motto on which our law and constitution is based???

"Let Hundred Guilty Be Acquitted But One Innocent Should Not Be Convicted"

I agree Kasav is no innocent but when you talk of such a high standards shouldnt you really live upto them??? Or they are just hollow words to please everybody.....

2.He should be hanged without a question -:
Kasav is a dreaded criminal and should be hanged immediately without giving any trial. After all he himself has admitted of being a terrorist and killing lots of people on the CST Mumbai.
All terrorists must learn a lesson that they are fighting against some country which will not tolerate the brutal attacks and killings of its people. Let the terrorists learn a hard lesson.
Also if we delay his conviction any longer there is a likely possibility that there will be another hijack or something of the sort and who knows this time we may have to release Kasav and may be the president himself will have to go to deliever him to the terrorists along with money.
Another important thing is people fed up with hollow promises and words of every politician who says "TERRORISM WILL BE SEVERLY DEALT WITH". Do they really believe them...do they reall mean that??If they do let them prove it this time. JUST DO IT.
Public anger is so much that unless he is punished...dont think people will be happy and his hanging will set a great precendence that every terrorists may think 100 times before attacking India or killing its citizen.

I may have missed quite a few points of I may been more inclined towards one view....but let me know if i am wrong...everybody has his or her views...which may be right or wrong...but guess...thats what will keep the dice rolling...and hopefully some sanity around....

18 comments:

digitalsuresh said...

I feel terrorist should given fair trail.
He has provided us genuine information by admitting that he is from Pakistan and also provided missing links in understanding Pak's hand.

Unknown said...

fair trial...duh....

KrishnaPriya said...

I want to highlight some other points too...

FAIR TRIAL: definitely he should be given fair trial. One thing we should not forget is the young men who do these terror attacks are the first victims as they are mislead. On a bigger picture i feel that Kasab is a victim (let's forget to which country he belongs). Definitely he should be provided a lawyer. Our's is a democratic nation and not a dictator owned nation.

HANGED: I always wonder why terrorists are not hanged and why are they kept in Jail (may be so that their friends can hijack a plane and get them free). So many men are hanged but why not the terrorist. We all are paying taxes i think to feed the destroyers. If we dont punish one how others will get a lesson.

THE MOST IMPORTANT THING NO BODY HIGHLITES: The whole world wants war against terror but what are they trying to do for the young men mislead by these terror organizations??????? Everyone talks about human rights but what about this topic. Does bombarding on a nation can stop this????? As a human i feel that something should be done on this as well.

Arun said...

I feel that a fair trial without any political influence will be the righteous decision.

Ashish Sarode said...

No doubt that Kasab should be hanged.

Regarding the court trial and impression in international community
- There is not point in worrying about the impression when it is do or die situation.

What will be the situation of our nation if Kasab goes back to Pakistan and then plans a more dangerous attack?
Are we ginipigs?

Rather I will suggest that he should be given to public and shoes be killed by stone pelting

Ashish Sarode said...

Wanted to add something...

Court trial is for giving chance to those who are innoscent.
Kasab is clearly terrorist - whole world has seen his video, firing AK-47 on streets on Mumbai where many people got killed/ injured.

For the question you have raised - my answer is
1. Court system is for the sake of people
2. There is no need of court trial when crime is publicly known
3. What will be the use of court trial - giving him chance to enjoy life till the court trial result?
4. Who will be responsible if some plane is hijacked during his trial - demading him in exchange?
5. Who will be respobsible if he manage to run out of jail during his trial?

Do you remember even Dawood was caught by police and afterward he managed to run during his trials?

Many criminals manage to become politicians when court trial is going on? - is not it possible that Kasab (or his gang in Pakistan) will threaten people in J&K and become politician?

Do you think that it means nothing to kill 100s of innocent people in India? Why should such criminal be kept alive?

Think once again -
Is this our mind which is truly saying that he should be given fair trial or is it because of international pressure?

ranjane said...

we have already faced a lot bcos of these fair trail.Imsure these people shld be hanged without any second opinion.There is no point in saying "Let Hundred Guilty Be Acquitted But One Innocent Should Not Be Convicted"
Bcos one gulity can can kill one thousand innocent people...
Jai Hind

Amar Dixit said...

A fair trial to Kasab is an idea, to come across more information regarding terrorist camps, regarding the people who provide them training. According to Kasab's statement, he had been poor and so he took this major step. Poverty makes man do ANYTHING, absolutely ANYTHING.

And since he is a terrorist now, we have proof that he killed so many, he would not be proved innocent.

Its necessary to wake up, work towards the country, in a small way, which ever way it could be in order to generate a sense of belonging to our own country. This issue is not only related to tial of Kasab, but to the poverty of our own country. We need to eradicate it, and VOTE CORRECT candidates by being a corporate citizen.

Ketan said...

Ashish,
Nobody has denied here that Kasav should be hanged. Nobody denies that fact.
But the question is are we banana republic?? are we such a lawless country?? If you remember i have mentioned that he should plead guilty for his crimes.
If we have to hang him without any question then this may involve some other problems and some other type of laws modifications and the politicians will gain tremendous powers to run their jungle raj....
Remember how POTA was misused to pick that politician from TN...dont remember his name right now though....in the middle of the night??? They were carrying him as if he was a dead body....so bad...
Also even if we hang Kasav tomorrow....can you gurantee that tomorrow there will be no terrorist attacks on India???
This will also raise another serious question...can you ever guarantee that a person who is claimed to be a terrorist by government is actually a terrorist or some poor fellow picked up by the govt to divert attention from some important issues???
Let Kasav plead guilty and then be hanged in the court for his crimes...but it should go through the proper channel...
We are a country where people respect law up to a certain extent..let that respect increase rather than decrease...

Ketan said...

Guess Amar also brings out a very good point...why people turn to terrorism??? whats the reason??? when people dont have any better thing to do in their time... People dont know how to earn their daily bread and butter...and if somebody is going to tell them that go and throw bomb at some place...and you will be paid certain amt for that...people are obviously going to do that...
We have to find ways remove poverty...guess that will help reduce the terrorism...

Ashish Sarode said...

Ketan I will agree with you.

But you people are AssUMing that fair trial will be really fair.

I am afraid that current central government will repeat the Afzal Guru kind of agenda (for minority[now a days really speaking majority] votes).

Regarding what Amar has said - I think it is not because of lack of money - some people even beg in these circumestances. This is purely because of 'Jihadi' education. Are you people afraid of saying this on internet?
Also then by these standard - even if tomorrow somebody commits rape then we should keep searching the reason for it - the reason might be the girl provoked him by wearing jean or T-shirt/ Sleevless/ skirt. The criminal is ready to do the next rape and can continues unless there are girls who provoke him?

Do you people think that Kasab is going to have 180 degree mind shift because of the fair trial given by Indial law? or do you think that ISI/Al_quida will stop their activities looking at the greatness and fairness of Indian law?

Did activities of ISI/ Al-quids got improved because of the
1. We gave Pak many many million Rs. (I think billion) at the time of partision?
2. India gives equal treatment to all religions
3. Many Pakistani artists gets opportunity to work in Bollywood?

No man it is not because of the economical conditions - it is purely because of Jihadi teachings.

Aarti said...

Think about the other terrorists too... they were just prepared to get killed so ..hanging this fellow will not make any difference ..he should be given worst nightmare ever by torturing him. but as these people are controlled by some one else they should also have an idea of consequences of the work they do..so hanging him is not the answer but torturing

Ashish Sarode said...

Bye the way Ketan.

Do not you find it principally wrong to put such igniting post under title - Be Happy?

What to be happy about it man?

Create new post and and shift the blog please

Ashish Sarode said...

Few more comments...

I know sometimes I talk too much and become irritating for friends -

Regarding Amar's post - we should think of economical conditions why people become terrorists
Man what's the use even if we Indians keep thinking about it for 100s of years?
It is the Pakistani government and ISI who need to think why terrorists are getting produced in their land. Why the youth over there is getting involved such extremist actions.
What India can do is - give strong punishments to these terrorists so that in future people will think million times become attacking India. Such z-class morals should not be tolerated

Ketan said...

Ashish,
I guess i should not put it under be happy...i would agree with that...i will try to move this somewhere else... :)
Thanks for informing that...

Ketan said...

Ashish,
Lets come back to original thing...do we really think Kasab is going to get alive free out of this??? We all believe he should be hanged...he should be punished...nobody denies that..but i have never understood the cause of hanging him without a court trial. What are you going to achieve by not providing him with a lawyer??? can somebody explain that to me please???
Jihadi education is surely the cause for what Kasab did...there is no doubt...but i believe the religion itself can not teach you anything bad...its how the interpretation of that thing is done....
We are talking about acting tough...but that does not mean we act in an unlawful manner...we have to present him to the court...let the court give him life sentence..which everybody is ABSOLUTELY SURE he will get...
Regarding Afzal Guru and somebody like Shalini...nobody to date knows why they are still alive....and not hanged even though the Supreme court has ordered them to be hanged alive for their crime...
May be the reason is the politicians have got too comfortable with the fact that people tolerate anything...we need to show them..that we will not...
Dont get confused between different issues and mix them here buddy....
We are a democratically run country which is very proud that we provided a lawyer to all the criminals and gave them a fair trial...lets try to stick to that..if we need amendments in laws to tackle terrorism...we will do that...but we can not let the country go the a lawless way..

Ashish Sarode said...

Ketan,

I agree with you that fair trial is must (even forget about democracy) - to be fair one should get it.

My opposition in only to the fact that - he is going to come alive out of this trial.

Ketan said...

Asish,

I completely agree with you...we must try and make sure that the terrorists like him are given the severe punishment...

I guess he has already pleaded guilty..so there is no chance that he will survive now...just have to make sure..politicians dont make him a hero...and a respectable figure...