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Here are the key points from the Supreme Court's judgment in the 26/11 Mumbai terror attack case:
I. Conviction and Sentence of Mohammad Ajmal Amir Kasab (Appellant) - The court upheld Kasab's conviction on charges of waging war against India, murder, attempted murder, criminal conspiracy, and offences under Unlawful Activities Prevention Act, Explosives Act, etc. - The court confirmed the death sentence awarded to Kasab by the trial court and High Court. II. Acquittal of Fahim Ansari and Sabauddin Ahmed (Accused 2 & 3) - The court upheld their acquittal by the trial court and High Court, finding the evidence against them unworthy of reliance. III. Key Findings - The terror attacks were part of a larger conspiracy hatched in Pakistan. The perpetrators were Pakistani nationals trained by the Lashkar-e-Taiba in Pakistan. - Kasab's confession and other evidence conclusively proved his role and involvement in the larger conspiracy. - The intercepted phone conversations between terrorists and their Pakistani handlers provided clinching evidence of the conspiracy. IV. Rights of the Accused - The court held that Kasab's constitutional rights, including access to legal aid, were not violated during the investigation and trial. - It laid down guidelines for providing legal aid to accused persons at the earliest stage after arrest. V. Death Penalty - The court found this to be a rarest of rare case deserving the death penalty, given the magnitude, brutality and impact of the terror attacks. The court dismissed Kasab's appeal and confirmed his death sentence, while upholding the acquittal of the two Indian nationals for lack of reliable evidence against them.
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