Mohammed Ajmal Kasab v State of Maharashtra, (2012) 9 SCC 1
Case: Mohammed Ajmal Kasab v. State of Maharashtra
Citation: (2012) 9 SCC 1
Court: Supreme Court of India
Date of Judgment: 29 August 2012
Background and Context
This case relates to the 26/11 Mumbai Terror Attacks that occurred in November 2008, one of the deadliest terrorist attacks in India. Mohammed Ajmal Kasab was the only surviving terrorist captured alive during the attacks, which led to a high-profile trial.
The case covers:
Terrorism and criminal liability
Trial of terrorists under Indian law
Death penalty and principles of sentencing
National security and justice delivery
Facts of the Case
On 26 November 2008, 10 terrorists belonging to the Pakistan-based group Lashkar-e-Taiba attacked multiple locations in Mumbai, killing over 160 people and injuring many.
Kasab was captured alive by the police.
He was charged with multiple offenses including murder, waging war against the nation, terrorist acts, attempt to murder, criminal conspiracy, and criminal intimidation.
He was tried under the Indian Penal Code (IPC), Unlawful Activities (Prevention) Act (UAPA), and Prevention of Terrorism Act (POTA) provisions.
Issues Before the Supreme Court
Whether Kasab was guilty of the charges of murder, waging war against the State, and terrorism.
Whether the death penalty was warranted and in accordance with the principles laid down by the Court.
Whether the trial and conviction met the standards of fair trial and due process.
Review of sentencing principles for the rarest of rare cases.
Legal Provisions Involved
Section 302 IPC (Murder)
Section 121 IPC (Waging war against the Government of India)
Section 3 and 4 UAPA (Terrorist Acts and Punishment)
Constitution of India - Right to life (Article 21), fair trial
Death penalty jurisprudence - “Rarest of rare” principle
Supreme Court’s Findings and Judgment
1. Guilt of Kasab
The Court found Kasab guilty beyond reasonable doubt of all charges, including murder, attempt to murder, waging war against the State, and terrorist activities.
His role as an active participant in the terrorist attack was proved through evidence, eyewitness testimony, and his own confessions.
The Court held that terrorism attacks targeting civilians constitute waging war against the nation under Section 121 IPC.
2. On the Death Penalty
The Court reaffirmed the principle of "rarest of rare" cases where the death penalty can be imposed.
Considering the scale, magnitude, planning, and brutality of the 26/11 attacks, the Court held this to be a rarest of rare case.
The death penalty was imposed as a deterrent to future acts of terrorism and to uphold the rule of law.
The Court dismissed all appeals against the death sentence.
3. Fair Trial and Due Process
The Court confirmed that Kasab was given a fair trial, with proper representation, opportunity to cross-examine witnesses, and all legal safeguards.
The trial proceedings were conducted under stringent security and procedural protocols.
The Court also addressed the procedural safeguards for death row convicts.
4. Sentencing and Deterrence
The judgment emphasized the importance of deterrence in terrorism-related cases.
The Court noted that terrorism strikes at the very foundation of the State and democracy.
The sentencing sends a message of zero tolerance for such acts.
Significance of the Judgment
Strengthened India’s resolve against terrorism and clarified the legal position on prosecuting terrorists.
Reaffirmed the “rarest of rare” doctrine for death penalty cases, balancing justice and constitutional safeguards.
Reinforced the role of judiciary in protecting national security through fair and prompt trial.
Emphasized the need for rigorous prosecution and deterrence in terrorism-related offenses.
Related Case Law
Bachan Singh v. State of Punjab (1980) 2 SCC 684 — laid down the “rarest of rare” doctrine for death penalty.
Tukaram S. Dighole v. State of Maharashtra (2010) 5 SCC 538 — elaborated on the scope of sentencing in terror cases.
State of Maharashtra v. Mohd. Yakub (2011) 8 SCC 201 — another case relating to 26/11 attacks, upholding death penalty.
Summary
Mohammed Ajmal Kasab was found guilty of multiple heinous crimes relating to the 2008 Mumbai terror attacks.
The Supreme Court upheld his conviction and death sentence, citing the case as rarest of rare.
The verdict underscored the principle of strict justice against terrorism while maintaining constitutional safeguards.
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