SC stays Kasab's death sentence, puts a poser to 26/11 gunman

New Delhi: The Supreme Court on Monday stayed the death sentence of Pakistani terrorist Ajmal Kasab, the lone surviving gunman from the 2008 Mumbai attack, on his petition that he does not deserve to be hanged because of his young age but it wondered whether he deserved to be heard.

Anwsering the question itself, a special bench of justices Aftab Alam and C K Prasad said while there was indignation against the carnage the due process of law would be observed to establish "rule of law."

Posing a query to amicus curaie and senior counsel Raju Ramachandran whether his appeal deserved to be heard, the bench however complimented him for deciding to assist the court and represent 24-year-old Kasab in the case.

"Does your man deserve it?(hear his appeal). Many people in the country think he doesn't," Justice Alam heading the bench remarked and posted the matter for further hearing to January 2012.

However, Ramachandran responded saying "Many people may think so. But due process of law requires to be followed."

The bench in its response said, "Yes due process of law has to be followed. Though we may not have a perfect legal system, God knows we will do our best to maintain rule of law.

"At times we have to suffer. That is the price we have to pay for maintaining the supremacy of law," the bench observed.

Former Solicitor General Gopal Subramanium appearing for Maharashtra Government concurred that due process of law has to be observed.

"But there are instances where courts on the basis of evidence have dismissed in limine (admission stage). The matter requires expeditous hearing," he said.

The bench observed, "yes as expeditiously as possible for all concerned this case must be listed on top priority."

In his Special Leave Petition, Kasab claimed he was brainwashed like a "robot" into committing the heinous crime in the name of "God" and that he does not deserve capital punishment owing to his young age.

Kasab along with nine other Pakistani terrorists had landed in Mumbai on November 26, 2008 night from Karachi by sea and laid a 60-hour siege of the metropolis leaving 166 people dead in the carnage.