The death sentence awarded to Pakistani gunman Ajmal Amir Kasab by a special court today in the November 26 terror attack case has to be confirmed by the Bombay High Court, according to legal experts.
"Under the criminal procedure code, every death sentence has to be confirmed by High Court," said advocate Satish Borulkar, former chief public prosecutor of Bombay High Court. So even if Kasab himself does not file the appeal against death sentence, the judgement will be scrutinised by the High Court.
Noted defence lawyer and NCP member Majid Memon said that though Kasab deserved death sentence, the procedure of confirmation by division bench of High Court cannot be bypassed.
Borulkar also said that even after the High Court confirms the death sentence, Kasab has the right to file appeal in the Supreme Court. As to whether it would be mandatory to keep Kasab present before the High Court for hearing on confirmation, Borulkar said that Kasab will have the right to attend this hearing.
At the trial level, in view of the threat perception, the court had been shifted to Arthur Road prison, where Kasab is lodged.
