Supreme Court Backs Death for Kasab

New Delhi: The Supreme Court Wednesday upheld the death sentence of Ajmal Kasab, the only Pakistani terrorist caught alive after the 26/11 Mumbai strike that claimed 166 lives.

"We are constrained to hold that the death penalty is the only sentence that can be given in the circumstances of the case," the apex court bench of Justices Aftab Alam and C.K. Prasad said.

Kasab, one of the 10 Pakistanis who sneaked into Mumbai on the night of Nov 26, 2008 for a terror siege of the city that ended on Nov 29 afternoon, had moved the apex court challenging the death sentence by a trial court, which was later upheld by the Bombay High Court.

The court rejected Kasab's contention that the Mumbai terror attack was a war against the government of India and not against the Indian state or its people.

The court said the government of India was only the elected organ of the state and the repository of the sovereign powers.

Having said this, the court added: "Primary and foremost offence by the accused (Kasab) was waging war against India."

The apex court did not accept Kasab's plea that not providing him a lawyer soon after his arrest vitiated the entire process, including his trial and consequent conviction and sentencing.

It also noted that efforts were made to provide Kasab a lawyer but he refused it every time, saying that he did not need an Indian lawyer.

The court also rejected his plea that when he agreed to have legal assistance, his lawyer was not given sufficient time to prepare his defence.