Kasab decides to appeal against death penalty

Kasab’s lawyer Farhana Shah announced his decision. The lawyer met Kasab for about 15 minutes in the Arthur Road central prison here on Wednesday.

 During the meeting, Shah explained to him the High Court’s verdict of Monday, which upheld the special court’s death sentence and his legal rights to challenge the judgment in the apex court as well as the appeal process. After listening to her, Kasab told her that he wanted to move the Supreme Court, the lawyer told mediapersons later.

“He (Kasab) was quiet and listened to what I said. Finally, he said: ‘Theek hai, hum Supreme Court jayenge’,” Shah said.

Kasab has 30 days to move the highest court of the land. A division bench of the High Court comprising Justices Ranjana Desai and Ranjit More on February 21 upheld the death sentence awarded to Kasab, the only Pakistani terrorist caught alive during the 26/11 terror attacks, after concluding that he was guilty of individually committing at least seven murders, including that of three top police officers, as well as the navigator of the hijacked Indian vessel “Kuber”.

“This is rarest of rare matter so he should face capital punishment. Kasab and Abu Ismail together killed 56 people,” the Division Bench observed while hearing Kasab’s appeal against the special court’s death sentence.

Special Court Judge M L Tahilyani on May 6, 2010, gave 22-year-old Kasab death sentence on five counts of murder, conspiracy to murder, waging war against the country, abetting murder and indulging in terrorist activities.

Kasab was also awarded life imprisonment on five other counts, which included attempt to murder, criminal conspiracy and violation of the Explosive Substances Act.

Kasab’s move to appeal to the apex court against the death sentence etailed further delay in its execution and additional burden on the State exchequer, experts keeping track of the case pointed out.

The 60-hour long terror attack in Mumbai had begun on the night of November 26, 2008, and went on till the afternoon of November 29.