New Delhi: The Supreme Court on Monday stayed 26/11 accused Ajmal Kasab's execution and issued a notice to the Maharashtra government on his plea. Kasab's execution has been stayed till amicus curae report is heard. The Supreme Court will hear Kasab's case regularly from January 31, 2012.
The apex court has asked the state government to reply to Kasab's plea. No specific time frame has been set for the Maharashtra government to reply, but the court stressed on the fact that the case would be dealt with expeditiously.
While passing the order, the judge said that the case has to be decided on a top priority basis, adding that after such acts Kasab does not deserve an appeal.
The case is in its preliminary stage in the Supreme Court. Around three to four months back, the court first heard Kasab's case in which most documents were in Marathi and it asked the governnment to come back with the documents translated in English.
Special Public prosecutor Ujjwal Nikam said that since this was a judicial process no specific time frame can be set.
It has also appointed Raju Ramachandran as the amicus curae.
Kasab was convicted on the charges of criminal conspiracy, waging war against the nation and murder. Kasab, the sole convict in the case, has filed the petition through jail authorities in the apex court which has appointed senior advocate Raju Ramachandaran as amicus curie to assist it in deciding the appeal.
On September 2, the apex court had agreed to hear the plea of Maharashtra government against the acquittal of two accused Faheem Ansari and Sabauddin Ahmed in the 26/11 case.
It, however, had refused to pass any order on Kasab when the state government pleaded that his letter to the Supreme Court challenging his death sentence should be tagged with this appeal.
"We are taking a step regarding this (Kasab's letter)," the bench had said.
The Bombay High Court had in its February 21 verdict upheld the trial court order of death sentence of Kasab for the 'brutal and diabolical' attacks aimed at 'destabilising' the government.
Kasab's death penalty was upheld on charges of criminal conspiracy, waging war against the nation, IPC section related to murder and under sections of Unlawful Activities (Prevention) Act.
The Bombay High Court had also upheld his conviction on 19 counts under IPC, Arms Act, Explosives Act, Explosive Substances Act, Foreigners Act, Passport Act and Railway Act.
The trial court had acquitted Faheem and Sabauddin.
Kasab, the sole 26/11 terrorist captured alive, had been sentenced to death by a special anti-terror court on May 6 last year.
He and his accomplices had landed at Budhwar Park in South Mumbai on November 26, 2008 night from Karachi by sea and went on a shooting spree at various city landmarks, leaving 166 people dead and many more wounded.
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