There is an article in Mint about one of the Mumbai terror attack gunmen – Kasab

Should we conduct an SMS poll to decide whether we should hang (Mohammed Ajmal) Kasab?” city-based lawyer Trideep Pais asks rhetorically.

He was reacting to a Mumbai-based lawyer group passing a resolution that forbids members from representing the only surviving member of the terrorist group involved in the Mumbai attack on 26 November.

The Bombay Metropolitan Magistrate Court’s Bar Association (BMMCBA)—that passed the resolution—comprises 1,060 lawyers who practise in that city’s courts.

Pais’ argument is simple: Every criminal has the right to be represented in court. But lawyers such as Pais who represent alleged terrorist groups or terror suspects face social ostracism and political harassment.

This must change, they say.

And they are right.

Mob justice is an uncivilized, medieval practice, and the fact that it is still practiced in rural India does not mean that India’s cities and towns should do the same. Even if a man kills ten people in front of hundreds of others, unless he’s brought down then and there to end his killing spree, its the law courts that pronounce a verdict on him. This is what civilization is all about – taking away the right of the mob – an entity whose collective intelligence is at a level comparable to savages – to decide on the life or death of someone, and giving that right to cool headed people who make the decision after considering all the evidence concerning a particular case – even a case that is an ‘open-and-shut’ one.

The presumption of innocence myth needs to be maintained so that justice is seen to be done. Such fatwas – preventing lawyers from representing terrorists – are dangerous because its raises a serious question – where will you draw the line? Should people accused of rape be denied legal representation? What about murderers? The fact that the terror attack happened in the open changes nothing. A society that is willing to suspend the rule of law because of the inconveniences that accompany it does not deserve justice. If it wants justice, it should be willing to give it to others too – particularly those against whom public opinion stands. But since people hardly care about philosophy, its hardly surprising that they care even less about the philosophy of law – jurisprudence. Idiots.

Trackbacks are closed, but you can post a comment.


  • Milena Thomas  On December 15, 2008 at 8:28 pm

    I agree, but it seems that “mob rules” lately. What can be done to counteract the unthinking masses? Not much, it seems.

  • Pramod Biligiri  On December 16, 2008 at 12:08 am

    Ah! enter Shiv Sena.

  • Aristotle The Geek  On December 16, 2008 at 4:03 am

    Not much – that’s the reality which has to be faced.

    you12, Pramod,
    The Shiv Sena reaction – not surprising at all – they are hardly the kind of people who think before acting. The only person this will help is Kasab – inadequate representation is a good legal argument. Good for him.

  • Aristotle The Geek  On December 16, 2008 at 4:15 am

    I thought some one would comment on this line I wrote – “The presumption of innocence myth needs to be maintained so that justice is seen to be done.” It sticks out like a sore thumb when read with everything else. No one did.

    Guess everybody is used to my cynicism.

  • Milena Thomas  On December 16, 2008 at 9:25 pm

    @ATG – from one cynic to another, that line was perfect.

  • yet_another_hindu_infidel  On December 16, 2008 at 10:29 pm

    the judiciary of this country is a fu@king joke. can’t blame the believers really, for the rooster coop is in far better ordinance than i thought it was :/

    one day maybe…

  • Abhishek  On December 17, 2008 at 2:43 am

    I remember there was a similar fracas about the Jessica Lall case when Ram Jethmalani represented Manu Sharma. Idiots, truly.

  • Quirky Indian  On December 17, 2008 at 12:12 pm

    We are stupid. That’s the whole truth. Maybe we’ll see some sense when all this vigilantism comes back to bite us in the ass….of course, it’ll be too late then.

    Quirky Indian

  • warthog  On December 17, 2008 at 11:31 pm

    hey gregory helmes get back to broadband forum and check and answer my political threads

  • Aristotle The Geek  On December 18, 2008 at 2:50 am

    Let’s see warthog, let’s see. Not promising anything.

  • you12  On December 18, 2008 at 9:42 am

    1984. I don’t know whether Orwell was giving a warning or showing a path but its all 1984.

  • Undercover Indian  On December 18, 2008 at 8:20 pm

    If I was asked what should be done with Kasab soon after Mumbai attack, my answer had to be “shoot the bastard”. With some healthy dose of expletives. Such was the anger anybody would have felt.

    But I agree that whole point of having a system is that you don’t circumvent it, you do not undermine. We have a justice system in place and even though it is flawed and rotten and downright stupid at times with lawyers like Jethmalanis who spin incredible theories in name of criminal laws, it still is a system better than instant justice of Mullahs or Talibans or collective wisdom of crowds or mobs. System should not be undermined but improved. The fact is that our justice system sucks at the moment. We have had instances where a petty thief spent 5 years in jail without trial. And we have had cases where Pakistani terrorists were in our jails for 3 years before they were “rescued” by a fantastic airline hijacking. Why the heck were we keeping an enemy of state locked comfortably in our jail without convicting him, is beyond me.

    What we need in case of Kasab is speedy trial and conviction which I don’t think can be anything but death. Shiv Sena’s demand of a public hanging is natural. One can not expect anything else from a party who has built its “career” on baser instincts.

    The real solution of Pakistani terrorists attacking us so blatantly is to kill them in their own dens..by secret operations. There is no reason why Dawood should be alive till now. There is no reason why Azhar Mahmood is not liquidated. Philosophies are all fine……only when nobody is coming and fucking you in your own house.Countries are also like men, some are reasonable and some are not. While dealing with a unreasonable assholes (I hope u don’t censor it. it is just a part of anatomy) you cant sprout higher wisdom.

    So yes, give a lawyer to Kasab, don’t hang him openly. But make the fucking trial quick and without dickheads like Jethmalanis sprouting wisdom in name of criminal justice.

  • yet_another_hindu_infidel  On December 18, 2008 at 8:57 pm

    Philosophies are all fine……only when nobody is coming and fucking you in your own house.
    he he he
    indians suck when it comes to diplomacy, atleast with pakistani’s. we have a terrorist who’s alive and he’s spilling sh!t out as much as he can. yet we cannot even get the pakistani’s to agree that he’s a goddamn pakistani citizen. what do they need? his ration card?

    i’ve been tracking the ongoing diplomacy between india and pakistani since the attack and the way were handling this is no different than the kandhahar hijacking incident.

    the top 40 something wanted list has members in it so juiced up with top pakistani officials, that it would be mistake to think pakistan will hand them out to anyone outside porkistan.

    after the terrorist attack, pranab went on to say that india’s actions will NOT be limited to military action and just yesterday, ak antony said that they have no plans to conduct any military options in india. pakistan welcomed that with positivity and lodged an official complaint over the indian jets incursion incident into pakistan.

    my understanding on this is that india will not retaliate with anything. it’ll only issue blank threats to satisfy the indian public. this matter will slowly subside. so on and so forth.

    send the PM to a surprise visit to israel. that’ll sting the pakistani’s real nice. follow that with the defense minister, then the army chief, the naval… he he

  • yet_another_hindu_infidel  On December 18, 2008 at 9:02 pm

    *military options in india

    it should read:
    military operations in pakistan

  • Aristotle The Geek  On December 18, 2008 at 10:32 pm

    Undercover Indian,
    “The real solution of Pakistani terrorists attacking us so blatantly is to kill them in their own dens..by secret operations. There is no reason why Dawood should be alive till now.”
    Have been wondering about it for a long time. The Israelis had squads that kidnapped perpetrators of th Holocaust from wherever they were located, brought them to Israel, tried them and sentenced them. Why can’t India do it? Then I realized that we can only talk, we cannot act.

    “Philosophies are all fine……”
    Everything has its basis in philosophy – terrorism, communism, fascism, and even our present reaction. I don’t advocate letting Kasab go. But surely the police must have hours of video tape showing the rampage and connecting him to the attack. So use it and sentence him. Mob mentality has consequences, especially for innocent people caught in the system.

    “my understanding on this is that india will not retaliate with anything. it’ll only issue blank threats to satisfy the indian public”
    I said this on day one – not only can we not protect our citizens, or let them protect themselves, but we will make citizens’ lives even more painful – draconian laws and all – and the terrorists will continue to run amok. As far as our diplomacy is concerned, its a bloody joke.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

%d bloggers like this: