The 'Death Row' list

The death sentence given to Ajmal Amir Kasab may take years to be executed as the lone captured terrorist of Mumbai attacks could be 30th in the list of prisoners who are waiting to be sent to the gallows.

Today's order by judge M L Tahaliyani is the first step of a long process which will include appeals before higher courts and most importantly, if he exercises his right, a clemency petition before the President.

Justice Tahaliyani will send his judgement to the Bombay High Court for ratification under Section 366 of the Criminal Procedure Code.

The orders of a lower court are generally challenged in a higher court by either of the parties but in cases of death sentences, the orders are mandated to be confirmed by the High Court.

Once before the Bombay High Court, all the evidence will again be examined by it. The High Court will then decide whether to uphold the decision or to convert it to a less harsher punishment.

Even if the High Court upholds the death sentence given by the special court, Kasab can challenge it in the Supreme Court. The apex court will again look at all the aspects of previous judgements, evidence, developments and arguments and give its final verdict.

If the Supreme Court upholds the death penalty, Kasab can file a mercy petition before the President under Article 72 of the Indian constitution.

At present, 29 such cases are pending before the President waiting a decision on their clemency petition.

Some of the important names include convict in the Parliament Attack case Mohammed Afzal, who is at number 22 in the list of 29 such prisoners.

Accomplices of notorious Veerappan - Simon, Ghanaprakash, Madaih, Bilavendra, accused of killing 21 policemen are at number 18, Babbar Khalistan Liberation Force terrorist Devender Pal Singh who was convicted of killing nine persons is at 17, conspirators of Rajiv Gandhi assassination Murugan, Santhan and Arivu of Tamil Nadu are also waiting a decision on their petition at number 13.

Bantu from Uttar Pradesh is the last name in the list.

Home Minister P Chidambaram has already clarified that each case will be decided on the basis of number in the list of such petitioner.

Based on such a premise, Kasab's execution may take years to be decided.

I won't comment on the death sentence as everybody in India are of the view that the death sentence is too light. If there was something more heinous, he deserves it.
What I would like to question is why do these death row criminals have to be fed so long on tax payers money.
Why can't a time bound limit be set.
As it is only the rarest of rare cases are awarded the death sentence.
Only those cases where the murderer is a woman with children who has committed the crime on the spur of the moment should the criminal be allowed to go higher than the High Court.
Any criminal who is given the death sentence and is confirmed by the High Court should be executed without recourse to the Supreme Court.
As it is, our Supreme Courts are over burdened. They should not be further burdened with the cases of this terrorists and murderers.
And Terrorists like Afzal Guru and Kasab who wage war on India should be despatched within one month of conviction.