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.
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