SC: Death sentence for Kasab, conspiracy hatched in Pakistan

The apex court held him guilty of waging war against the country in the Mumbai terror attack case in which 166 people were killed and said it was left with no option but to uphold the death sentence.

A bench of justices Aftab Alam and C K Prasad dismissed 25-year-old Kasab's plea against his conviction and death sentence confirmed by the Bombay High Court, saying he was given free and fair trial in the case.

"Kasab's confessional statement was very much voluntary except a very small portion," the bench held.

It also dismissed Kasab's contention that the trial was not fair because the government did not provide him advocate during the time when he was arrested and put on trial.

"If lawyers are not provided at the commencement of trial, then the trial is vitiated. But the trial is not vitiated if a lawyer is not provided at pre-trial stage," the bench said.

The bench also observed that going by the evidence, it was clear that the conspiracy and planning of the 26/11 attack was hatched in Pakistan.

"We are more than certain that conspiracy was hatched in Pakistan," the bench said.

Senior advocate Raju Ramachandran, who defended Kasab in the apex court as amicus curiae, said he "bows down" to the apex court verdict, which upheld his death sentence.

"I bow to the verdict of the court.... I took it (the opportunity to defend Kasab) as a sacred duty and I performed it to the best of my ability," said Ramachandran, who was appointed amicus by the apex court.

Former Solicitor General Gopal Subramaniam, who had appeared for the Maharashtra government, also welcomed the verdict saying it is "a victory of justice and the Constitution of the country." (More)