As it happens in our India, most of the times general public is not provided with enough information (deliberately?), for them to form their own opinion on incidents of national importance. May be the vagueness and fog provides more room for manupulation to those in government.
Mumbai terror attacks on 26/11/2008 were not simple murder crimes. These were well planned, war like terror attacks on India.
But I was surprised to learn that the only terrorist captured alive, out of total of 10 terrorists who waged war on India, was being tried as ordinary criminal for murders of 166 persons!
To me it is very unconvincing that a person who waged a war on India should be tried as any Indian citizen charged with criminal offences??
Why Ajmal Kasab has not been charged under stricter anti-terrorism laws like POTA (Prevention of Terrorism Act)?
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After writing the above post, I did some further research and found the answer to the question is that no such laws exist today!! POTA was repelled by government in 2005. Today there is no special anti-terrorism law in force, and it seems the only laws under which Kasab can be tried/prosecuted are ordinary criminal laws!
Under these ordinary criminal laws, confession before police is not admissible in court. So, Ajmal Kasab has been able to retract his confession given before the police.
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Believe it or not!
One of the charges public prosecutor has chosen to try Ajmal Kasab for, is that he did not have a proper platform ticket for entering CST (Bombay VT) station! Does the government even know the word "objectivity"?
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Now even USA has said this, in an offical report:-
In a report released on Thursday (Apr 30, 2009) US State Department (equivalent of Foreign Ministry in India) has said "In 2008, India ranked among the world’s most terrorism-afflicted countries." It also said "the Indian government's counterterrorism efforts remained hampered by its outdated and overburdened law enforcement and legal systems. " "There were about 8 major terrorist attacks on India in 2008. None of the perpetrators of these attacks has yet been prosecuted. "
Click here for report
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MOCA (maharashtra Organised Crime Act - 1999) could have been applied to Ajmal Kasab. Under MOCA, the confession made to police is unretractable in court.
ReplyDeleteIn case of Malegaon case, this more stricter law was applied to charge the accused.
You are absoultely right. What is the govt doing about these laws? Our system is so weak that anyone can escape using legal terms and tricks. Shame shame shame on our system. I am proud to be an India but still shame on our system. 9% GDP growth will do nothing if our system is weak. Kasab is living in the prison on our taxes.
ReplyDeleteIndia does not have similar know how or sophistication as USA. We are a nation who beleive in CHALTA HAI BHAI.
ReplyDeleteWe have neither the sophistication nor the know how of what intelligence or proper response to such attacks is. Mumbai case in all aspects is a good example. Despite warning from FBI of USA, we let terrorist move in with ease. It took 30 hrs for commando to get as they had no plane etc.
Are their no clauses in any of our Laws that in emergency like this the commando unit can requisition any civilian aircrafts?
We continue to compare our selves with USA and /or blame USA.
POTA was there but was criticized as being harsh
We donot have any other Law than what being used against Kasab. We have made mockery of our justice and though his attorney may have the rights to state anything but certain legal ethics are observed and not make mockery of justice