KP Pawar

Mumbai May 4: The prosecutor called him a demon who should be hanged, his lawyer said the convict’s 22-year-old mind was like mud that could be moulded.

Ajmal Kasab’s lawyer today cited the Gujarat riots, blasts in Muslim-dominated Malegaon, his client’s age and the possibility of reformation to plead for a life sentence before the special court deferred the sentencing in the 26/11 case to Thursday.

Defence counsel K.P. Pawar pleaded for a lenient sentence as he urged the court to take into account Kasab’s background of unemployment and poverty, his age, that he had no criminal antecedents and the possibility of reformation.

“His mind is like mud. Anything can be engraved on it. It can be moulded,” Pawar told judge M.L. Tahaliyani.

The lawyer said Kasab was mentally disturbed by the Godhra riots of 2002 and the bomb blasts in 2006 and 2008 in Muslim-dominated Malegaon and had been drawn towards the Lashkar-e-Toiba and the Jamaat-ud-Dawa which brainwashed him into carrying out the 26/11 attack.

“He has mentioned it in his confession recorded before the magistrate,” Pawar said, prompting Nikam to claim that Kasab had never mentioned either incident in his confessional statement.

Judge Tahaliyani confirmed that Kasab had made no reference to either Godhra or Malegaon in his confession.

Pawar argued that Kasab had no personal enmity with his victims but had come under the influence of the Lashkar and the Jamaat because of these incidents related to his religion. “He was blindfolded (sic) by religion. He was mentally disturbed when he joined the Lashkar-e-Toiba,” Pawar said, inviting another objection by the judge.

“The LeT or Jamaat-ud-Dawa did not go to his (Kasab’s) house to recruit him,” Tahaliyani said. “It was he who went to their offices to join them.”

Pawar cited an earlier judgment by the Supreme Court to say that the top court had fixed parameters for classifying a case rarest of rare for handing down the death penalty.

He said the apex court had cited seven mitigating circumstances and ruled that if an accused satisfied even one, courts should take cognisance of it for commuting a sentence to life imprisonment.

Pawar said two of the seven circumstances cited in that judgment were extreme emotional or mental disturbance, and if the accused was either too young or too old.

“The Supreme Court has not particularly stated the range of age of youngsters (who could be given death penalty.) Besides, the prosecution has not provided any documentary evidence to prove his exact age. It is possible that he is 18 years old or even less…” Pawar argued.

Tahaliyani then said Kasab had already submitted that he was more than 21 and did not wish to go into that aspect again.

Judge Tahaliyani also intervened in the argument about Kasab’s alleged mental disturbance. He pointed out that Kasab had never shown remorse or repentance for his acts as per court records. “Has he authorised you today to inform the court about his repentance?” the judge asked Pawar. “No sir,” the defence counsel said.

Pawar argued that Kasab had no previous criminal past, and hence could be reformed if he was given a life sentence. “Young age persons are very much innocent. He can be reformed,” Pawar said.