No defense for Ajmal?

‘Sena warns legal community against taking Ajmal’s case’ – Are these guys crazy? Do they forget that we live in a ‘democracy’? We can’t and should not just hang Ajmal without giving him a trail. That is what separates us from a banana republic!

I hang my head in shame that we have ‘leaders’ like this!

18 thoughts on “No defense for Ajmal?

  1. Smitha, If no lawyer takes Ajmal’s case voluntarily, the state is obliged to provide him with a lawyer.

    The Sena can not prevent this. The question of hanging him without a trial will not arise.

  2. Yes, Manju, I am aware of that – I just feel bad that our politicians take up anything and everything to create a lot of ruckus.. Apparently they were protesting outside a lawyer’s house – just because he agreed to take up Ajmal’s defence.. Just a whole lot of waste of time – don’t you think?

  3. I’d like to see what constructive steps the Sena and other political parties are taking to make us safer in the first place!

    It’s high time they realize we see through their petty naare-baazi…

  4. Harish Salve summed up the public mood and suggested a legal way the other day in a discussion on TV. Ajmal, he said rightly, was a foreign national who came to India specifically to wage war against the country. Therefore, he argued, he should be treated and tried as a POW and and not as just another ordinary criminal who is an Indian national. There is some merit in that position, don’t you think?

  5. Yes Vinod, I guess, trying him as POW, does make sense.. not sure how it works in our legal context though..All I feel is that we should use proper legal methods and not just ‘hang him’ or something – coz eventually that would reflect really badly on our democracy.

  6. You know what Smitha, they know very well, they can do nothing, they are just trying to impress some voters with all this noise. It’s become a competition of who hates the Terrorists more.

    It is really sad that we have allowed such people to have a voice. They do not seem to have any idea about the basics of a democracy.

  7. The Sena is the same as the LeT…They are both fanatical and militant…While one hates Pakistan and Muslims, the other hates India and Hindus…So for the Shiv Sena to say that Kesab should be hanged without a trial is not surprising…He’s a Pakistani Muslim terrorist who attacked Mumbai – what else do you expect them to say?

    Trying him as a POW makes sense but I’m sure POWs are also accorded legal representation…

  8. Yes Bones, it goes without saying that without legal representation, no trial can take place. I think the outrage is based on the fact that in our lax legal system, top lawyers can and do help terrorists get away. That is why Harish Salve a top lawyer himself and a catholic, suggested the POW route.

  9. Vinod, I do not think it would be an easy task to help Kasab get away! As Ram Jethmalani mentioned in some inetrview – it should take all of 10 mins to prove his guilt.. All that our ‘esteemed leaders’ want is to create some ruckus on some issue..

  10. Smitha, so you and I watched the same program. This same Jethmalani is the one who will conjure some trick to save him! May be Kasab will not get away. But every time you will not have such a clear case, as it appears now. The rules need to be established, because such attacks will take place many times in future too.

    The basic point about which I agree with Salve is that foreigners who are waging war against his country should not be treated and tried as ordinary criminals. They are armed ‘soldiers’ invading another country and, if captured, need to be tried as such.

  11. Yes 🙂 Same program I guess:) And you are right about that though, we definitely need a framework on which any such terrorists can be tried – non Indians, foreign nationals.. That, I agree is a necessity so that they cannot escape. And we should have a set timeframe within which all these people, accused of terrosism will be tried. So that we donot have people saying that ‘You had him in your jail for ‘x’ years – why did you not try them then ?’

  12. So we watched that program too in which that taunt went uncontested with respect to Maulana Azhar Masood!

    Smitha when you try a foreigner as as a POW/war criminal, justice is meted out very swiftly. I don’t see why such guys should be given the benefit of years of trials and appeals…with the ever present risk of having to release them in a hostage situation.

  13. Hello Smitha

    Treating him as a POW is a good idea.

    POWs are also to be treated under the Geneva Convention – do not know the implications though.

    I think the reaction of the Sena has a background. Our legal system is lax, has many loopholes and is increasingly seen as corrupt and malleable.

    We have seen many known cases escape the law. These protests are actually against the legal system which will prolong the trial and eventually dilute the punishment or let the accused go scot free.

    Unfortunately, the public stand they take makes them look like fools.

  14. Our politics is mostly about sensationalization. And sad that thing is too popular with a large section. I hve no sympathy to Ajmal or anyone remotely connected to his activities but he should be provided a lawyer. Otherwise it would make our country look similar to failed and barbaric states like Saudi/Pakistan/Nigeria/Somalia etc etc.

  15. @Mavin, Zakir,Welcome to the blog

    Mavin, Yes, even if Sena has a valid reason for the protest – it is wasted by the manner they protest in. In a democratic country – why resort to unneccessary violence and to threatenning lawyers – who are just there to do their job? I so wish they would understand this.

    Zakir, You are so right – our politics is all about sensationalization.. It is a pity. And yes, Kasab should be tried in a manner such that no other country can raise questions about his trial. That is the only way we don’t get tagged along with ‘failed and barbaric states like Saudi/Pakistan/Nigeria/Somalia’ Threatenning lawyers and stuff just makes us look bad..

So, what do you think?

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