Tuesday, November 23, 2010

Nachiketa was a small boy who was gifted to Yama by his father. He worshiped Yama as Guru and got eternal knowledge as a boon. At this tender age he had the knowledge of life, death and life after death. Same was the case with Adi Shankara. At a tender age he thirst for eternal knowledge and went to Garudapada who lead him towards spiritual life. Later Shankara became the most revered person in the world of philospophy. He had also revived the sanathana dharma hotherto slowly disappearing in its motherland.

We will also see the other part of the same country where a boy of this age is taken to a teacher called X who will teach him hatred towards others. At this tender age he is brain washed that everything which does not belong to his religion is satan and has to be killed. Continuous bombardment to his tender mind will result his conscious totally blinded. He cannot think anything than killing others whom his teacher wants. He is used by his teacher to kill others. The first forteen formative years of this boys life is spoilt by his mentor the person who has called himself as a teacher.

We will definitely conclude that in all the three cases the mentors are responsible for the whatever the status of the disciple. In the third case we conclude undoubtedly that the teacher is the culprit and has to be outcastricised and sent to gallows.

Ajmal kasab had no thinking power as a child and was receptive to receive everything from the teacher and made to believe as God. When a boy of tender age is brainwashed by his mentor the boy is not expected to act prudently later and think properly even after he is grown. His basic thoughts are of hatred towards other religions and persons who do not belong to his religion. He is not taught and trained to do anything other than killing others or spread hatred. He is also taught to draw happiness and enjoyment by his job of killing innocent people and even those who also have helped him.

It is unfortunate that this verdict of gallows for a mindless brute villain called Kasab has invoked celebrations and happiness in many people. We do not want to think further or back or the background. In fact there was a discussion in the beginning of the trail about his age.

We know that this indiscriminate killing villain was trained from a very young age by his mentor in Pakistan. He and his family were looked after very well by that hostile establishment. He was taught that in the process of killing others if at all he is killed, he will go to heaven where he will be served by virgin damsels who will satisfy all his urges and needs. He developed love and respect towards his mentor who had kept his family very happy who had otherwise nothing to live on and had to beg.

Undoubtedly what he committed was cold blooded murder. But when we see the background Ajmal Kasab was a pawn used by his mentor and ready to do anything for the religion which was taught to him and also the mentor whom he had great love. Now after knowing the background can we categorise the crime he committed as the “rarest or rare case” which the Apex Court terms for awarding the capital punishment.

We know very well that the mentor in this case was ISI through some madrasas in POK. The fact that Ajmal Kasab was trained in one of the numerous camps set by ISI against India from a very young age is also proved beyond doubt. Just because we cannot fix or punish ISI or the mentor can we send the pawn to gallows and satisfy ourselves that a ‘stern message’ has been sent across the border that we do not tolerate terrorism. let us question ourselves as to whether this sentence in any way deter the ISI or the mentor to train more people. We need to remember that even before this sentence many kasabs have died voluntarily in ‘action’ at the borders. We also know that many pawns are in waiting at the border to do this kind of catastrophe and ready to be killed for the work entrusted.

This was not the case with the other two famous convicts viz. Dhnanjoy Chaterjee and Afzal Guru. These two had crossed their childhood midst the society and got some decent education. They were not brainwashed by anyone. They were not blinded at the tender age by their mentors to kill others who do not belong to their religion. In fact Afzal Guru had himself brainwashed many as mentor stated above and had trained many kasabs. So these two cannot be called as spoilt children. Both committed the crime after sufficient planning and plotting. Death sentence to these two are really justified because they were in the best of their conscious while committing they crime with sufficient plan. Both the crimes were planned sufficiently in advance and were deliberate. The capital punishment is fully justified.

There are cases of countless people being killed when drunk drivers drives. As per IPC, if a drunken driver kills somebody then it is not termed as rarest of rare cases tough we very well know that drinking was deliberate. The driver would be fully aware he may loose control and there is every possibility that he may kill somebody. Knowing very well that somebody can die and has died as a result of his ‘drink and drive’ is not termed as ‘rarest of rare case’. It is termed as culpable homicide not amounting to murder meaning “unlawful killing which is not classified as murder due to the evil intention of killing being absent.” Mens rea may be the essential ingredient for this kind of crime. The Latin term "mens rea" translates to "guilty mind" and is one of the basic principles used in Criminal Law. This Kasab did not have a mind of his own since it was hijacked and corrupted at a very tender age by his mentor.

There are many ways to think on this subject. Will it not be wise and prudent that this pawn is given sufficient time to realize his action by placing in some unknown place for about 20 years? Let us discuss and deliberate on this issue in other innumerable ways before putting this pawn called Ajmal Kasab to death.

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