Sunday, November 25, 2012

Kasab's Right to Judicial Review Against President's Action?

Professor Madabhushi Sridhar argues eloquently that Kasab's constitutional rights were violated in the haste to execute him. He says the government should have informed Kasab that he could ask for judicial review over the president's decision to reject his mercy petition.

But surely one could also ask what Kasab's lawyers, who argued the appeal and prepared the mercy petition, were doing.  It was they, rather than the government,  who should have raised this matter with their client, even if they were not actively representing him anymore. Or were they, too, kept in the dark about the imminent execution? In any event, they -- or someone on Kasab's behalf -- could have sought a stay as soon as news leaked out that the mercy petition had been rejected if the circumstances so warranted.

3 comments:

Shivendra said...

On what basis he could have asked for judicial review over the President's decision to reject his mercy petition? At best an academic point. Cannot have any application whatsoever in Kasab's case.

Unknown said...

Raju Ramchandran, who argued for Kasab in the SC reportedly understood his brief to limit only the SC adventure. So he found himself opted out. He had no other lawyers representing him; Kasab himself sent a four line mercy plea written in urdu to the President.

There were third party mercy petitions sent by Yug Chaudhry (and others through Yug) to the President. But he was not told by the President's office about the rejection of those mercy petitions. That is what this scandal is all about. One did not know abt the rejection of the mercy petition until after the actual execution. I am very keen on knowing if this information was leaked before the execution.

Rahul Deodhar said...

With regards to Kasab's case, I have following questions:

#) Was it proved in fact that Kasab was enemy alien?

#) Is fair trial by public court an option open to enemy-alien?

#) Even if such a trial is granted, is presidential pardon available for enemy-alien?

Rahul