Mohammad Ajmal Amir Kasab v.

State of Maharashtra
BENCH: Aftab Alam, Chandramauli Kr. Prasad
Mohammad Ajmal Amir Kasab …...PETITIONER
Vs.
State of Maharashtra …...RESPONDENT

FACTS OF THE CASE:

Mumbai attack in November 2008 was a series of heinous terrorist attacks which
creates terror in the minds of each and every citizen of the country. Ten members
of lashkar-e-Taiba on 26th November 2008 illegally entered into the Mumbai city
and attacked on various famous places of Mumbai like The Taj Hotel, the Leopold
café, the Oberoi trident hotel, the Metro Theatre and the CST railway station and
killed almost 166 people. These terrorists entered into the Mumbai through Arabian
sea. In this attack only Ajmal Kasab who was actively involved in this attack was
arrested alive. Rest of the terrorists was shot dead in the encountered.
A conspiracy of attacking India was to initiate a war against the Government of
India, conspiracies to commit Murder was hatched in Pakistan. These attacks were
planned during the period of December 2007 to November 2008. The terrorists
were supplied with arms from Pakistan in order to Attack on India. The terrorists
were told before the attack that “It is a right for Jihad and if they died in this
mission, they will get the place in heaven”. They were also told that Kashmir can
only be required by weaken the Government of India from inside. This can only be
done by attacking the big cities of India. Mohammad Ajmal Kasab and 9 other
terrorists killed almost 166 people and almost 238 people were seriously injured
and property of millions worth was completely destroyed.

ISSUES OF THE CASE:

• Whether the appellant got a free and fair trial under Article 21 of the Indian
Constitution of India before his conviction?
• Whether the appellant confessed without any inducement under Section 164 of
CrPC?

HOLDING:

1. Initially the trial court awarded the death penalty to Ajmal Kasab. After the
judgment of trial court Kasab challenged this judgment in the High Court
but the High Court rejected the plea of Kasab and upheld the death penalty.
Finally, Ajmal Kasab approached to Supreme Court to cancel his death
 penalty but the bench of Supreme Court upheld the judgment of the lower
courts on 29th August 2012.
2. On 5th November 2012, then President of India Mr. Pranab Mukherjee
rejected the Mercy Petition filed by Ajmal Kasab.
3. Finally, on 21st November 2012 at 7:30 AM, Ajmal Kasab was hanged to
death at Yerwada jail in Pune in a complete secrecy.
4. Under Article 21 of the Constitution of India, every person has given the
right to free legal aid and fair trial. Free legal aid was provided to
Mohammad Ajmal Kasab from India. He gave his confession with his free
will. Under Section 164 of Cr.P.C, Judicial Magistrate had recorded the
confession of Kasab. Ajmal Kasab first wrote a letter to Pakistani authorities
to provide him with a Pakistani lawyer saying that he had no trust on Indian
lawyers but Pakistani authorities denied to recognize him as their citizen.
Even though Kasab had committed several heinous offences and killed lots
of innocent people, the Indian courts still provided him with a fair trial.