'Kasab's mercy petition must be considered'

Most reactions to the Supreme Court’s verdict about Mohammed Ajmal Kasab have centred around when he would face the death penalty. But as human rights lawyer, Yug Chaudhry, pointed out, Kasab has very right to make a mercy plea, and the government of India should consider his plea.

“Kasab has a right to make mercy petition, and that mercy petition must be considered,” Chaudhry told CNN-IBN in a television debate.

Given that the highest body of the Indian judiciary had delivered its judgement in the matter, the government now needs to decide of Kasab’s fate, Chaudhary said.

“Supreme Court only said that he may be executed, it’s not that he must be executed. It empowers the government to execute Kasab. Now the government has to decide if its in the country’s interest to execute Kasab or keep in jail,” he said.

The lawyer also said that executing Kasab would make him martyr and it wouldn’t serve any purpose in deterring people.

“In normal cases death penalty is used as a deterrent. But it is well known that in cases of terrorism, death penalty holds no deterrence whatsoever,” he said.

“How is death penalty a deterrent  to a Fidayeen or a suicide bomber? It in fact makes him a role model and makes him a martyr, it makes others want to join his ranks. On the other hand, keeping him in jail for the rest of his life, may be a more useful and more effective way of dealing with terrorism, rather than martyring Kasab,” he added.

However, Harish Salve, former Solicitor General of India, was of the opinion that Kasab’s mercy plea should not be entertained by the government.

“Let him apply, that application should be disposed of in 24 hours,” Salve said.

“How many convictions have to had for waging a war on India? Anybody who wages war on India was to be dealt to be with utmost dispatch. Just see the complete absence of faith we have in the government of the day, that they will even entertain his petition,” he added.