Why I was saddened by Kasab’s execution

Rejoice, fellow Indians. Ajmal Kasab has been hanged. But please excuse me, I am not joining you. Your cheering and hooting and hurrahs feel like a medieval lynch mob celebrating the death of the sinner and not the sin. Barbaric is the word that comes to mind.

This isn’t merely about the morality or aesthetic of capital punishment. I want to ask you: what did we just achieve? Ten terrorists had come to kill and be killed, to cause maximum damage of the sort that they surely knew they’d be killed. Nine of them were killed in direct encounter. Did we hail their deaths? Do we say their deaths were justice? So if we killed Ajmal Kasab four years later- “with due process” – what exactly have we achieved?

I don’t understand how his death brings justice to the 26/11 victims, whose real culprits are in Pakistan, and India does not seem to have the diplomatic leverage over Pakistan to bring them to justice. The street celebration over Kasab’s hanging only prove that this was not about justice. It was about a feeling of revenge.

Commenting on the due process, Inspector Govilkar who captured Kasab told Rediff.com, “am very happy today. We have proven to the world that we are a legitimate democracy. “

My salutations to Inspector Govilkar for his bravery but his comment is bizarre. I thought we were a legitimate democracy anyway,why do we have to prove it by hanging a terrorist we captured alive?

Perhaps we are not a ‘legitimate’ democracy. If we were, our law would be equal. If we were a legitimate democracy then the Shri Krishna Commission Report on the communal violence in Mumbai in 1992-93 would have been implemented. If we were a legitimate democracy, the law would have been as speedy in bringing justice to the Samjhauta Express bombers as it has been in Ajmal Kasab’s case.If we were a legitimate democracy, we’d not force down a nuclear energy plant down the throats of an unwilling populace in Koodankulam.

If we were a legitimate democracy we wouldn’t impose the Indian flag on millions of people in Kashmir and the north-east with the help of the military jackboot. If we were a legitimate democracy we wouldn’t take away the land of farmers and tribals for a pittance and hand them over to corporates. And we won’t arrest people for condemning a general strike and liking a Facebook status update. If we were a legitimate democracy our courts would have given capital punishment in other “rarest of the rare” cases such as to Babu Bajrangi and Maya Kodnani for the Naroda Patiya massacre and to the lynch mob in Khairlanji that murdered an entire Dalit family in 2006.

But congratulations fellow Indians, we’ve hanged Ajmal Kasab and we are now a legitimate democracy – mind you, not some wannabe democracy but a legitimate democracy! Many democracies across the world have done away with capital punishment, perhaps they are illegitimate ones.

If justice is about setting examples to future terrorists so that they fear the long arm of the law,does this case do that? We have only done Ajmal Kasab’s handlers a favour by hanging him.While he asked for mercy, his handlers and trainers had indoctrinated him with jihad, he was prepared to sacrifice his life in fighting the enemy, in the cause of his religion and thus attaining heaven. According to a report by Pakistani journalist Saeed Shah who visited Kasab’s village in Faridkot, the graffiti there said,”Go for jihad. Go for jihad.” His ‘martyrdom’ will now be used to create more Kasabs – you think I am being rhetorical? Well, Reuters’ Islamabad bureau already reports getting a phone call from a Lashkar-e-Taiba commander who said, “He was a hero and will inspire other fighters to follow his path.”

No wonder we are now being warned about revenge attacks.

I am saddened by Ajmal Kasab’s hanging because I oppose capital punishment – for anyone,no matter what the crime. Just as the law seeks to punish those who take away life, the state has no right to take away life either (except in defending the lives of its citizens). How silly – we seek to address the crime of mass murder with another murder!

Advocate Yug Mohit Chaudhry has pointed out that if we were so particular about the due process why did Kasab not get legal aid that he was entitled to,in drafting his mercy petition? He gave Jyoti Punwani the reasons in an interview why Kasab should have been granted mercy: ”An illiterate boy of 13 sold by his family to the LeT, brainwashed into jihad, transformed into a killing machine and sent as a foot soldier to India are mitigating factors that entitle him to the lesser penalty.”

Retribution is a kind of punishment to ourselves. Chaudhry explained in that interview: “Excluding a fellow human being from entitlement to mercy has nothing to recommend it except a very base blood-lust that we encourage at our peril. If we have to become a more humane and compassionate society, and leave a better, less blood-thirsty world behind for our children, we have to curb our instinct for bloody retribution.” He also said that mercy was a human quality not found elsewhere – but perhaps we are resigned to being animal-like.Such is our hate.

It’s funny to see holier than thou right-wingers on Twitter not be happy with the hanging. They’re saying the government has done it at an opportune time when it is under political attacks, a stormy parliament session on its doorstep. They’re unhappy because now they can’t complain that the UPA government is appeasing Muslims/Pakistan by not hanging Kasab. Which is why Afzal Guru and not Ajmal Kasab is trending topic number one on Twitter India. These people were not happy when Kasab was not being hanged and they are not happy when Kasab has been hanged. They will never be happy.

Some of my friends who happen to be Indian Muslims don’t agree with me.They wanted Kasab hanged so that the right-wing has one less stick to beat Indian Muslims with,so that the Hindutvawaadis can’t say that the Congress is not hanging a Pakistani terrorist for appeasing Indian Muslims. Some Pakistanis on Twitter are expressing happiness on Twitter – Pakistan needs to hang its terrorists too, they are saying. In response to the Kasab hanging, the Pakistani Foreign Office has said it supports strong action against terrorism.

All of which only goes to show that capital punishment is more about politics than justice. Indian law now no longer restricts life imprisonment to 14 years.We could have kept Kasab in jail forever. That is what we should have done.

Rejoice Kasab’s hanging if you will – because terrorism and barbarism are apparently both human traits. Just spare me the claptrap about justice.

(First published in Rediff.)

35 thoughts on “Why I was saddened by Kasab’s execution”

  1. A soul wrenching post, I must admit. On a scale of humanism you rank alongside Mahatma Gandhi, Nelson Mandela, Martin Luther King, Leo Tolstoy; just to name a few.

    Just as a consolation for wounded souls like yours, it may be of some relief that Kasav at the very least knew why he had to die, while those who died at VT railway station, at the Taj and Trident hotel, at the Leopold Cafe, at the Jewish abode didn’t have a clue at what happened with them, why it happened when it happened.

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  2. I agree with every word of this post. I was genuinely sad to see that a 25-year-old was given death sentence for something that he got dragged into due to circumstance. And, it scares me to even think about how many more such children are getting ready to die for their religion. For, what joy? Neither Kasab or his family benefited. Did their acts do any good to their religion? God only knows.

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  3. A valid argument, reaching into the very depths of human nature. Also sheds light on the system followed in our so called ‘democracy’. Thanks.
    As for Kasab’s hanging, it’s diplomacy at its best. Sigh.

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  4. I agree with your sentiments and am entirely against capital punishment — it’s a bad idea. I feel ashamed at the celebrations at the death of a human being. I also agree with you that law is not equal for all of us, which it should be to make us at least a “working democracy”. But to castigate an inspector for his use of word “legitimate” is a bit much.
    Your argument is flawed that Kasav’s hanging will now mean more terrorist attacks. Had he been given the life sentence, what was the guarantee that his rescue attempts would not have been made; he was a hero anyway. It’s a pity that all our discourse is in competition with the thinking in Pakistan — a very vulnerable society at the moment.
    I think the campaign for abolishing capital punishment should not wait for the next hanging to take place. Human rights activists weaken their case by showing little (or no) sympathy towards the death of innocent people.

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  5. Could you please suggest an alternative to Kasab’s hanging? Should we have just kept him in prison, waiting for another IC 814, or should we have handed him back to the Pakis with a thank you note?

    Also, all the events mentioned by you: Samjhauta express, Koodankulam, etc. are all non-connected and mutually exclusive. So relating them to the Kasab hanging is totally baseless and shows that you suffer from what I call the “Arundhati Roy syndrome”.

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    1. I’m beginning to wonder whether this site is owned by arundhati roy. LOL. How are these guys going to give power to tamil nadu to lift people out of poverty, if not the nuclear plant?? are they planning to chop down most of our forests to increase the coal supply for power plants?? What is the connection between koodankulam and kasab?? ‘arundhati roy syndrome’ at its worst.

      While those people who celebrate and blow trumpets at the hanging of a criminal are SCUM, what other alternative is there? Such rarest of rare cases deserves a death penalty after the case and life history of the criminal has been properly studied. Even if kafila recommends a reform sentence instead of death penalty for such criminals will they hold themselves accountable in cases of ransom against the country??

      Will kafila write a letter to the delhi rape victim’s parents asking them to pardon the rapists and avoid giving them a death penalty?? Rarest of rare cases must be given a death penalty after a 2 year case study. PERIOD. If you do not like Indian laws or indian way of thinking you are free to move to europe or any other place.

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  6. @Malaydeb

    So the knowing the reason for death (when such death is premeditated) makes it a justification?

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      1. Thats the point. He doesn’t even regret, how does killing him solve the purpose?

        In his own eyes, he died a hero. Had he been made to feel guilty, for all the lives claimed, it would have made more sense.

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    1. @Anwesha

      I didn’t offer any justification, you found it. The operative word in my post was ‘consolation’. You rightly say, that Kasav’s death is premeditated. But so were the murder of 166 people. The difference is, if I may repeat, they didn’t know why they had to die. Also, it is highly presumptive to suggest that everyone who supported Kasav’s death sentence also celebrated its execution.

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  7. True, there is a legitimate fear that executing Kasab will trigger revenge attacks and encourage more “Kasabs.” However, keeping him in prison indefinitely (as you suggest) is problematical too. It was not that long ago that an Indian Airlines plane was hijacked to seek the release of three prisoners held in Indian prisons. So whether we keep Kasab in prison or execute him, we are exposing Indian citizens to future terrorist attacks. It is not clear which option is “better.”

    It is worth noting in this regard that Israel, which used the death penalty just once (on Eichmann), finds itself periodically releasing Palestinian prisoners despite a self-professed commitment not to do so. (Yes, I know Israel does use assassinations which is death penalty without due process.)

    It is not clear why you even bring this point up. If you believe, as a matter of principle, that the death penalty should never be applied, then the argument ends there. All other arguments are irrelevant.

    I am also not sure why you bring in the legitimacy of India’s democracy. Is it not possible to be in favour of the death penalty and yet accept the flaws of India’s half-baked democracy? Or to be in favour of the death penalty and also be in favour of giving azadi to Kashmiris? Not everyone in favour of the death penalty is a Hindutvavadi or a fanatic of some sort . (I myself am not in favour and I have said so in a previous comment.)

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    1. ‘Legitimate democracy’ – what are you trying to prove here; that India is a banana republic. We are very soft on numerous occasions. We can not let these anti-social elements go on the loose and prowl amongst us. Bear in mind that we are surrounded by neighbours which are hostile in nature and to counter hostilities we need to show our agility to face such situations and events. Don’t link everything to Kashmir, Gujarat or anything else.

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    2. i agree with you Suresh..keeping them forever does not seem to be a viable option..also because keeping them in jail means spending a lot (actually a lot!) of money to ensure their custody..i’m no sadist, who would rejoice in any sort of human kill but honestly i dont think they are worth keping or preserving shall i say..though after all this time it may seem to have become a political/diplomatic way to serve ‘justice’ i dont mind if anyone tags it being a revenge..people will criticise no matter what is done..

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  8. What did we achieve by killing Kasab?
    (1) Respect and faith about our justice delivery system among the general population in India.
    (2) An exemplum to the world that we are a nation which follows due process of law as against the US which killed Osama arbitrarily flouting all international norms. We, in opposition, stand as a state that accorded due time and considerable resources to hear out Kasab’s case, even by arranging a lawyer for him.
    (3) A perfect blend of tact and restraint in keeping the entire process a low key affair.
    (4) Generating a fresh debate on the validity and significance of capital punishment in India.

    The writer would not appreciate what solace the victims or their relatives would achieve because the writer has the elitist luxury of objective analyses of fancy argumentation in an air conditioned intellectual chamber. Also because the writer deliberately chooses to ignore the immediate demands of all those immediately after the aftermath of the attack on 26/11.

    The writer fails to recognise the difference between revenge and justice. Revenge is an act of vengeance attributed to a preliminary action. It is a reaction to a purported wrong. Justice on the other hand, is a technical and legal culmination of ethical and moral principles in action so as to create a balance among parties against wrong done and right expected. Revenge, per se, has to do nothing with collective responsibility towards disseminating fairness in a society. Justice, on the other hand, is always about correcting a wrong done. Clearly then, the definition of justice is subjective and broad. But the writer fails to recognise that as against a philosophical insulated space of pure intellectual jargon, we inhabit a society and nation state guided by a constitution, certain codes and layouts like the IPC, CrPc etc. What is justice and not is decided via such media and not via some ideational formulations on Platonic principles.

    The writer seems ignorant about the workings of our system. A commission’s report are not binding but recommendatory in nature. Therefore, whether one implements the suggestions or not might comment on the political nature of such an engagement between the commission and the enforcing body but not on the democratic credentials. Also, a commission is not a democratic body but a selective and a selected one, prone to the charges of elitism and favouritism. The argument seems definitionally flawed and structurally very ignorant.

    The error of imposing the onus of the fundamentally complex solution to the menace of terrorism on one death sentence is preposterous and very myopic and psychic. Kasab’s hanging would definitely not solve the issue of a systemic issue of terrorism but would surely act as a deterrence to some, or at least that’s what the law till date assumes.

    The issue of the validity or invalidity of capital punishment is a much larger issue that needs a contextual rather than a totalitarian analyses. The writer seems to convincingly argue against that.

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  9. I agree with Suresh…whether you argue against capital punishment or that Kasab was entitled to mercy remains blurred…

    I empathize with your loss of hope in a legitimate Indian democratic state, but then legitimacy is not fixed, a lynch mob can be legitimate and democratically representative in its own way…the inspector was stupid to speak of fancy terminology that didnt make any sense..we can mock him and leave it there…one person’s opinion that hanging Kasab is a pointer to a legitimate democracy does not extrapolate to everybody’s opinion..so chill!! don’t lose hope on your fellow citizens…

    We do not hail the death of Kasab in a sadistic expression of revenge…it is symbolic to many victims’ families…it’s a much needed closure…and then the government now save expenses from its treasury over keeping Kasab…

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  10. Yaar kya theoritical bakwas hai….

    Kindly suggest a solution what should have been done with a captured terrorist responsible of brutally killing many in cold blood to infuse terror and not for any just mean. And please do give a solution as i see many humanitarian (so called) just finding fault in our judiciary or democracy, mocking our system just to gain the halo tag of humanitarian

    We have not been able to bring to justice many such crimes (Godhara.., Kar sewak, Bhopal Tragedy and few others which you may or may not have mentioned)….but does that stops us from taking action against this crime.
    Or
    Poor Kasab, sold at 13 to Jihadis blah blah after that…every criminal has a story. The crime was done when he has achieved an age where judiciary can take such action.

    I know we are not perfect but this Kasab judgement is one apt one as it is very difficult to infuse love in people committing rarest of rare crimes whereas it is easy to infuse fear. and Fear if infused for good is GOOD. Even in most advance countries / civilization / religion /family it is used (fear of rejection, fear of god, fear of next life, fear of failure etc has always been more effective in common mass and less enlightened ones like ours (I know you will acknowledge above 99% of population with this trait) as compared to doing things because of love. Fear is a deterrent and very effective deterrent. And how do we become better by killing a killer is because of cause attached with it.

    And again if you are against it…I urge you to come up with a practical solution not a utopian one.

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  11. it is in the nature of modern states to implement death sentences whether judicial or extra judicial. in fact the extra judicial ones are far more in number. especially the deaths of millions of children through hunger and disease not to speak of the many in police custody or in encounters.

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    1. Mr. Rahul, it would be appreciated if you could quote the source of this seeming fact – death sentences that are extra judicial are far greater in number than the judicial ones.

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  12. We a democratic country executed a misguided misled Pakistani youth, while the real culprits are scot free.While it could be these very culprits who nearly executed a young Pakistani girl Malala…The irony..

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  13. Punishment does not remain a punishment when we remove the object of punishment.T hat is what capital punishment is.

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  14. My dear author Mr. Shivam vij, with all due respect I really admire that u have Nobel thought about humanity, and that is great off course. What I am writing is nothing personal against you, but I do not agree with what all reason u have given. In reply of your post:
    I think no one in your family got killed in this terrorist attack, that’s why u can have such Nobel thought about a terrorist. Yes we r barbaric if u say so for what we did. So what u mean is that we all should keep feeding kasab biryani here in India where lakhs of people are dying without food every day. If there is a dengue or malaria mosquito in your room whose nature is to bite (to kill), which u can’t change, u want us to keep him safe.!! If killing this one branch of the problem is barbaric so yes we are. (I don’t say that we have finished the root which is equal to cleaning the entire city where no mosquito can be born)-[I don’t know if this line is grammatically correct or not.sorry for that.] what I understand is if u can’t clean the entire city u should atleast clean yr immediate surroundings. Yes I agree that celebrating kasab`s execution is might feel awkward but what about those who gave there life catching that terrorist and saving hundreds of more lives. Agree that killing kasab won’t get them back, but don’t you think that the family members of the deceased will feel slightly relieved, that this country is slightly less corrupt, where terrorist are only fed. As u have rightly said that It was about a feeling of revenge and I say yes it was. Don’t u think that is natural as natural human instinct. Why do u want us to behave saint like every time. All these preaching should have been given to the terrorist when they were killing fellow Indians.
    Talking about “legitimate’ democracy” yes we are not perfect. There are lot of imperfections in our politicians and law makers and I agree that this is how we are as no one is perfect in this world. I know that there is lot of injustice done too to the weak community. So shall we stop cleaning our house from cockroaches? Hanging kasab was not about setting examples to future terrorists but it was for feeling less guilty and to let them know that we can’t be taken for granted. Why don’t they kill people in America as often as people killed in Kashmir just because they can’t take America for granted!!
    No wonder we are now being warned about revenge attacks either we kill him or not they will try attack us again that’s what they are preached. I know that that is the real root to be corrected, but till the time we cant….what to do. Keep sitting mum!!
    So off course if don’t celebrate kasabs killing lets defend ourselves properly.
    “Har yug me adharm ka naash hua hi hai aur uske liye RAVAN, KAANS, HIRANKASHYAPU ko marna hi pada hai,unhe jail me rakh ke biryani nahi khilayi gayi hai” Tabhi hum aur aap jaise log VIJYA DASHMI mana pate hai.! To agar bharat me in danaavo ki hatya karna barbarism hai ,to ha yahi hai hamara bharat.
    Dharam ki jai ho…. Adharm ka naash ho.

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  15. a much needed post giving the reasons for why one should and is feeling saddened at kasab’s hanging…my students messaged me saying though kasab deserved highest punishment but somehow they are not feeling happy about his execution, why so was what they wanted to know…we all have many shades of human emotions, why promote blood lust when there are alternatives of emapthy, forgiveness…

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  16. I, in Pakistan and representing a lay man’s view point also believe that hanging Kasab and then celebrating his death mean nothing if we look at it from India’s long term security point of view. Was he the real culprit? Was his not only an executioner’s job? Why the Indian government could not meet the objective of unearthing and reaching at the true masterminds? Is this compromised position not that of a defeated authority? It just adds to my belief that hate mongering tactics remain the winning strategy on both sides of the border. The common people on both sides have been tuned to hating each other when there is nothing really serious between them. The failures on the part of governments to harness the extremist elements is then compensated by other symptomatic treatments, Kasab in this case. The deception of commoners continues.

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  17. You may take it as: the sinner was not killed, he was punished so that people with similar plans know their destiny. If they get scared obviously the SIN will not happen!

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  18. The moment i read this I wanted to meet the writer. Even the slightest thought that there people who take things the way they should be is motivating and gives hope. When all my friends were literally lynching and spitting on his dead body, I felt good to find a person who shared my thoughts. Keep it up.

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  19. हम भारतीयों का तीज त्योहारों से लगता है जी नहीं भरता है तभी तो एक दो कौड़ी के शख्स के मरने पर इतनी ख़ुशी व्याप्त है जैसे सिकंदर को विश्व विजय पर भी न हुई होगी। उस पर ये फटीचर भारतीय मेनस्ट्रीम मीडिया, जिसमे हिंदी के अखबार तो प्रमुख रूप से शामिल है, इस खबर को ऐसे कैश कर रहे है, जो कि इनकी आदत है, जैसे प्रधानमन्त्री मनमोहन सिंह ने चुप्पी तोड़कर दमदार आवाज में बोलना प्रारंभ कर दिया हो। क्यों हम व्यर्थ के खुश होने के आदी हो चुके है। खुश होने के बजाय हमे पूरे प्रकरण को बहुत ही गंभीरता और सूक्ष्मता से समझने की जरूरत है। हमे उस तरह से इस को सनसनीखेज तरीके से नहीं समझना चाहिए जैसा कि मेनस्ट्रीम मीडिया चाहता है कि हम समझे। आप देखे कि मेनस्ट्रीम मीडिया इस खबर को, खासकर हिंदी के अख़बार जो ग्रामीण परिवेश में ज्यादा पढ़े जाते है, इस खबर को मुख्य पृष्ठ पर इस तरह छापा है जैसे कि बैराक ओबामा ने लादेन को ढूंढकर मार डालने वाली कारवाई की थी अपने निगरानी में।

    लेकिन यहाँ ऐसा कुछ नहीं था। बल्कि एक लचर न्यायिक प्रक्रिया के चलते एक ऐसे आदमी को जिसको चार साल पहले ही मर जाना चाहिए था को फांसी चार साल बाद हुई। इस चार साल में न जाने कितना सरकारी पैसा इसको खिलाने पिलाने और इसकी तगड़ी सुरक्षा व्यस्था में खर्च हुआ होगा जो कुछ और नहीं आप और हमसे लिया गया टैक्स था। लेकिन दर्शाया ये जा रहा है जैसे कांग्रेस सरकार कितनी प्रतिबद्ध है आतंकवाद के खात्मे के प्रति कि उसके लगभग हर मोर्चे पे नाकाम प्रधानमंत्री ने कोई बहुत बढ़ी फतह हासिल कर ली हो। अगर इतनी ही प्रतिबद्ध है तो अफज़ल को इसके पहले मर जाना चाहिए था, हमारी सुरक्षा व्यवस्था को पहले से और सुदृढ़ किया जा चूका होता पर हमारा सुरक्षा तंत्र आज भी उतना ही लचर है जितना बम्बई पर हमले के समय था। आम आदमी उतना ही डरा, सहमा है और आतंकी निशाने पे उसी तरह है जैसा कि पहले था। तो ये हम खुश किस बात पर हो रहे है?

    (From the post “जब आम आदमी से आतंकवाद का फासला कम हो तो एक कसाब के हलाक़ होने पे जश्न व्यर्थ है”

    -http://wp.me/pTpgO-yF

    -Arvind K.Pandey

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  20. its barbaric to celebrate one’s death..kasab r whoever that maybe..i respect the sentiments of ppl who have lost their near n dear 1s..but merely hangin kasab dsnt solve the problems by an inch….atleast he was sory for wot he had done.. ‘Allah qasam maaf karna, aisi galthi dobara nahi hogi”….implies his last words..he was jz 21 wen he had committed the crime…ppl who brainwashed him into doin such an act still roam free without the slightest of remorse…dey shud be hanged….

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    1. True true true.Will executing a misled boy(almost) stop other brainwashed young men from commiting more crimes..An eye for an eye just blinds you..

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  21. The rejoice over the death of Kasab shows the ‘animal instinct’ of human species. However, if someone doesn’t like a community or race for this as the reason’, then it shows his own hypocrisy because this ‘animal instinct’ is present in all the races and cultures across the world. When Bin Laden was killed, the same ‘animal instinct’ was on display in the US. The 9/11 event showed the same ‘animal instinct’ when many in the middle-east openly rejoiced and celebrated the event.

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  22. i oppose capital punishment not only because, like you said, punishing a mass murderer with another murder is redundant. But also because, for all those who seek justice, dont you think suffering in a 5 by 5 prison cell in isolation for one’s entire life is more of a punishment than hanging him, which actually helps one reach his ultimate goal of ‘martyrdom’.

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  23. Too many uncomfortable truths… yet I have questions..have we yet seen the phenomenon Kasab through and through.. some says that if he would have been alive some more common lives would have been at stake like in case of Azhaar Massod.. the opponents says that Massod was declared leader of terrorist organizations while Kasab was denied to be Pakistani, moreover that over four years of captivity of Kasab nothing has been done by his fellow terrorists or fellow citizens to free him at costs of Indians, Israelis or Americans or anybody against terrorism in name of Islam … Truly these are all “more about politics than justice”.

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  24. “A medieval lynch mob”? Here is a writer who, letting cliches do his thinking, seems literally unaware of what he is saying. Because, of course, lynch mobs – a populist phenomenon typically associated with 19th and early 20th century America – did not exist in medieval times.

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