CJI wants lawyer to be appointed for Kasab so human rights not compromised

[fineleg]

As the country's politicians debate on how to tackle terror, the Chief Justice of India has said that India needs tough anti-terror laws like in the UK and US. Chief Justice K G Balakrishnan did have words of caution though, saying human rights should not be compromised in the process. Justice Balakrishanan also said that he believes every accused including the lone surviving terrorist accused in the Mumbai terror attack, Mohammad Qasab is entitled to legal aid. Otherwise the legal process will be a one-way traffic, the CJI said. Transcript: In an interview to NDTV the Chief Justice said, We should have strong laws. But it should take care of human values providing basic human values to the accused. Strict law is good. I am in favour of it. But how the law should be it is for the Parliament to discuss and deliberate. People of the country should feel safe to live in the country. Chief Justice says Kasab, the terrorist under custody should get a lawyer to defend himself. He says, I don t think he will go undefended. Even for helping the court for a proper trial assistance of a lawyer is required.What is the role he has played will come to light if there is a fair trial. Somebody will have to defend. It shall not be one way traffic . http://www.ndtv.com/convergence/ndtv/mumbaiterrorstrike/Story.aspx?ID=NEWEN20080076872

[Guest dada_rocks]

We got to follow law for sure.. We must notact like bananarepublic of pakistan.

[beetle]

Give him a lawyer....get all the proofs and then hang this thing.

[kumble_rocks]

CJI does not talk about torture . I wonder what his views are regarding this topic and whether we should follow Geneva conventions for the terrorists in captivity. Their has been a hue and cry over this issue in USA and Obama has specifically said that no torture under any circumstance and this includes Gitmo terrorists like Khalid Sheikh .

[Bumper]

In this particular case, a trial or no trial does not matter, as Kasab is a low profile LeT operator. But with higher profile criminals (such as Masood Azhar), the case should not have gone to court. Do all the investigation and shoot the bastards. Hosting such criminals in jail, is like preserving a ticking time bomb. You never know, which plane would be hijacked next, to free these morons.

[Ram]

In this particular case, a trial or no trial does not matter, as Kasab is a low profile LeT operator. But with higher profile criminals (such as Masood Azhar), the case should not have gone to court. Do all the investigation and shoot the bastards. Hosting such criminals in jail, is like preserving a ticking time bomb. You never know, which plane would be hijacked next, to free these morons.

Dont have to worry about that anymore. Think the govt. has enacted some law that makes its illegal for them to negotiate with terrorists and release criminals/terrorists in return for captured hostages.

[Bumper]

Dont have to worry about that anymore. Think the govt. has enacted some law that makes its illegal for them to negotiate with terrorists and release criminals/terrorists in return for captured hostages.

Its BS Sriram. That'll all change depending on who is held hostage

[Ram]

Its BS Sriram. That'll all change depending on who is held hostage

Actually, If I remember right, this law wasnt enacted after the Kandahar Hijack, but after the parliment attack of 2001, when terrorists nearly managed to storm the Parliment with the intent of taking our MPs as hostages. They obviously meant it to be double serious then.. So hopefully, the law is applied without discrimination. But you never know. Another interesting law that you'd think the Indian govt. wont generally enact, is the one by which they can shoot down hijacked planes. Dont know if they will ever do it though

[Guest dada_rocks]

MM u want people to belive that particualrly when Afzal Guru is being treated like royal son-in-law.. precdence has been set by rubia saeed episode and unless some other precedence is set bysacrifcing some leader under terorsit captivity this releasing terrosit for saving people's life will continue.. wait till such situation arises and media goes into over-drive of tamsha particuarlry when it's general public's life at stake........ My theory i wil believ anythign this mornic govt says when I see it.......... these guys have been reluctantly forced prodded into taking these steps it has not come on its own so there is that huge factor of commitment..

[Guest dada_rocks]

While I am at it peoplelike Banzara who neuter history-sheeter crimnals like sohrabuddin who do the ground work for these terorrists should be felicitated not critcised...... yes MOFo Rajdeep he was no businessman he was aan Ak-47 wielding history shetr criminal PS: I am fully in support of extra-judicial killing for these mofos .. despite al brouhaha in 99.9999999999999999999% cases polcie neutres bonafide crimanl through extra-judicial killing.. once in a while they do err PPS: Vanjara and company do better work of encounter and leave no trail..

[fineleg]

Karan Thapar's column in newspaper:

The insistent ringing of the phone suggested it could be Pertie. Since his return last month he’s been unusually angry. I took this to be the helpless rage many of us have felt after Bombay but I soon discovered the cause of his wrath was quite different. “I think we ought to congratulate Bombay’s lawyers for their spectacular self-goal.” Even if this was intended as satire there was a distinct edge to his voice. “If they carry on like this they could lose the match for us!” Pertie was, of course, referring to a resolution by the Bar Council of Bombay directing its members not to defend Ajmal Amir Kasab. He found their argument that Kasab is a terrorist whom it would be wrong to defend difficult to accept. “Don’t they realise that if Kasab is to be brought to justice — as opposed to a public lynching — he has the right to a defence and it would be a meaningless right if no lawyer will actually take on his case?” “Sure they do”, I replied, “but they also believe there’s no room to doubt or question Kasab’s guilt. In such circumstances it would be morally wrong to defend a terrorist.” “That’s utter rot. No matter how you look at it, it doesn’t make sense. Not legally, certainly not politically and definitely not morally.” “Why?” I saw it in shades of grey. For Pertie it was stark black and white. “Because even Satwant Singh, who several people saw killing Indira Gandhi, had to be tried in court before he was convicted and he had a lawyer to defend him. Ram Jethmalani took on the case. Kasab is in a similar situation. Due process of law requires a legal defence and if that is not forthcoming it would be a mockery of justice. If a trial without a defence lawyer is actually held it would embarrass, even undermine, the Indian legal system.” “Alright,” I said, perhaps a little too quickly. “What about Subramaniam Swamy’s idea of declaring him an enemy alien? Then the government could invoke Article 22 (3) and deprive Kasab of the right to a legal defence.” “That would, no doubt, please people like you,” Pertie retorted. Now the mockery in his voice was as sharp as a knife. “But first you have to declare Pakistan an enemy country! And what would the rest of the world think of that? Where would that leave our proud boast of restraint? The world would think we are spoiling for a fight.” “The prisoners of Guantanamo are considered enemy aliens.” I shot back. “So?” Pertie was equally fast. “Is that the example you want to emulate?” He was laughing at me. “Anyway, don’t you know the US Supreme Court has ruled that prisoners in Guantanamo have a right of defence?” This time I had nothing to say but my silence wasn’t sufficient to appease Pertie’s rising anger. “Do you know the worst of it? If Kasab doesn’t get a lawyer because none is prepared to take up his case then why would Pakistan agree to extradite its citizens like Masood Azhar? After all, we claim we want to try him in our courts but if we can’t guarantee a defence for him then what sort of trial would that be?” “Hmmm?”. I wasn’t avoiding an answer. I was thinking about what Pertie had just said. But before I could speak he pronounced the conclusion himself. “Wouldn’t this be an excellent reason for Pakistan to refuse extradition? They could cite Kasab to prove India cannot guarantee justice and we’d be left with nothing to say. Even our friends in America and Britain would be unable to come to our help.” Perhaps I gagged or, maybe, I gasped but I was taken aback. Pertie was right. No one else had thought it through the way he had. “It won’t be long before Pakistan picks this up” he said, as he got to the end of the call. “Now that Dawn and GEO TV have accepted Kasab is Pakistani they’ll have no hesitation claiming he won’t be given a fair trial.”

[suraj]

Dont have to worry about that anymore. Think the govt. has enacted some law that makes its illegal for them to negotiate with terrorists and release criminals/terrorists in return for captured hostages.

If you believe that you'll believe anything