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Why Kasab deserves a fair trial PDF Print E-mail

Hindustan Times (India) 27/11/2009

One question has repeatedly arisen over the past year: do we need to try Kasab? His culpability was there for all to see. Do we need 2,000 witnesses to prove a case in which the evidence has been captured on camera? Must the state spend so much to provide him a fair trial?

Comparisons with the 1993 blasts trial are unavoidable. Obvious similarities exist, starting with the event, the alleged offences, the charge sheet’s size and the location of the absconding accused.

But the cases also differ in key ways. First, the blasts case was tried under TADA, a special anti-terrorism law, and the trial lasted for about 12 years.  Kasab’s case will be decided in a much shorter time.

Second, TADA and POTA, another anti-terrorism law, have been repealed and replaced by the Unlawful Activities (Prevention) Act. Yet we are trying Kasab under the Indian Penal code. Why?

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