Not indefensible kasab

No lawyer wants to defend Ajmal Amir Kasab. I understand the sentiment: after all, he was captured on film bringing the city to its knees. But I still believe that principle and commonsense require that Kasab be defended. Even the most reviled of defendants must receive legal representation because criminal defence, as an ideal, is more about defending liberty, fairness and the rule of law, and less about defending the actions of individual defendants. That "liberal" claim is valid even in times like these; and Kasab must, like any other criminal defendant, receive a vigorous defence. But many "conservatives", and others who believe in a tougher, more "outcome-oriented" approach, may be unconvinced.

I would reply to that here with not a "liberal" argument but a "conservative" one. I argue that like "liberals", "conservatives" should want - if for different reasons -Ajmal Kasab to be defended by the best criminal lawyers in the land. But according to those who oppose representation for Kasab, wily defence lawyers will conjure up mythical defences that will make it hard to get a quick and clean trial (and presumably, conviction) in what otherwise appears to be an open-and-shut case. And if no lawyer defends him, the legally inept Kasab will defend himself and get himself convicted. Simple, right? Not so. In fact, in a case as factually poor as his, Kasab's defence lawyers are (ironically) the ones most likely to ensure that his trial does not descend into an unpredictable or hurtful drama.

Despite what defence lawyers like to claim, they are more often as good or as bad as their client's cases. The reason is simple: like professional chess, the criminal defence process consists of rehearsed and often predictable lines of enquiry, attack and counterattack. But it is very different when defendants defend themselves (as so-called pro se defendants) because their lack of formal legal training makes them an unpredictable and tenacious lot - a shock to the outcome-oriented.

Consider Exhibit A: The trial of Hermann Goring (1946). At the Nuremberg trials, Hermann Goring's guilt was thought to be indubitable but as a pro se defendant, he ran circles around the chief prosecutor Justice Robert Jackson. Justice Jackson was prepared for combat but only for the style and technique of a regular defence lawyer and was surprised by Goring's legal asymmetric warfare. And if like in Goring's trial, history records that Ajmal Kasab was convicted despite, rather than because of the prosecution, that will be a national embarrassment.

It is of course unlikely that Kasab is as brilliant as Goring but we'll never know till it's too late. To be sure, though, let's consider a more realistic scenario: Ajmal Kasab doesn't adopt Goring's unconventional but sophisticated defence and instead adopts a crude but effective strategy of disruption. He will not have to look far for a perfect template. Consider Exhibit B: The trial of Zacarias Moussaoui (2001-2006). Moussaoui was the so-called "20th hijacker", the man who nearly made it onto the hijacked airplanes during the 9/11 attacks. At his trial in the United States, Moussaoui refused defence counsel, allowing him to brazenly disrupt proceedings by shouting in court, making irrelevant motions and filing bizarre pleadings, including the memorably titled "No Pig Man Role in the Moussaoui Deliverance Scenario". He was convicted but not before he had prolonged his trial for five painful years and acutely embarrassed the court, the prosecution and ultimately the United States. It had been a trial that had pleased no one, except Moussaoui and his jihadi brethren.

Would it have happened had Moussaoui been professionally defended? Unlikely. A defence lawyer who contemplates disrupting or acquiescing in the disruption of a trial faces the loss of his reputation, his law licence and even the prospect of being sent to prison. Defendants like Ajmal Kasab, facing the death penalty and with reputations as valuable as mud, are unlikely to be so deterred. In fact, there is no better way for Kasab to go out in a blaze of jihadi glory than for him to use his high-profile trial as a propaganda vehicle to spew venom against India for alleged atrocities in Kashmir.Â

Of course none of these terrible scenarios need happen. But if on the other hand, Kasab decides to fight and is even half as effective as Moussaoui or Goring, every "conservative" will rue not giving him a defence lawyer. At the other end of the ideological spectrum, "liberals" may be concerned that I am advocating the silent (and grossly unethical) subversion of a criminal defendant's case. Far from it. I sincerely believe that all are entitled to a vigorous, professional and genuine defence. But my point is that giving defendants like Ajmal Kasab a proper defence, is also a rational choice for the those who want a quick and drama-free trial. Â

CPI(M) identifying constituencies

HYDERABAD: After formalising its tie-up with the Communist Party of India and the Telugu Desam, the CPI (Marxist) has commenced the exercise for identifying the constituencies from where it will field candidates in next elections.The two-day meeting of CPI(M) State committee which commenced here on Saturday wanted the district leaders to furnish the list of the constituencies where the party had considerable presence. Once the list was prepared, the leaders would discuss it with the CPI and the TDP before making public the constituencies from where the candidates would be fielded. State secretary B.V. Raghavulu, who presented a report on the political situation in the State, told reporters that the party had gained significant presence in several constituencies following the agitations it launched over the past four years. However, a final decision on number of seats would be taken once there was clarity on whether it would be a three or four-party alliance.Earlier, CPI (M) general secretary Prakash Karat, who chaired the State committee meeting, explained to the participants the efforts launched for the formation of an alternative at the national level in association with the CPI.

khasheer fifth phase polling

PULWAMA: Polling in the fifth phase of the Jammu and Kashmir Assembly elections was marred by the killing of a youth in police firing as anti-poll protests rocked Quil and other areas in Pulwama district. But all segments in Pulwama and Shopian districts witnessed moderate to brisk polling. It was 48 per cent in two segments in Shopian and 47 per cent in four constituencies in Pulwama. Kashmir Divisional Commissioner Masaud Samoon said 66 per cent turnout was recorded in Jammu’s Kathua district, where elections were held in five segments. The overall percentage in Saturday’s exercise was put at 57. Braving the chill weather, a large number of people turned up at booths in the Wachi, Shopian, Pulwama, Rajpora, Tral and Pampore segments despite the boycott call given by separatists. But the situation took an ugly turn at Quil when police and Central Reserve Police Force (CRPF) personnel allegedly forced people to come out and vote, and ransacked their houses. This evoked resentment among the people, who gathered in large numbers and shouted anti-election slogans. The police and CRPF tried to disperse them but they were stoned. They later opened fire, in which at least four people were injured, of whom Muzaffar Ahmad, 21, died in hospital. Following this incident, the Quil area with over 3,000 voters witnessed a complete boycott. The people were angry as they restlessly waited for Muzaffar’s body to arrive from Srinagar. In the neighbouring villages, and also in Parigam and Karimabad, the election was boycotted.

However, later in the day, voters came out in good numbers at several places and the turnout picked up. Both Shopian and Pulwama districts are considered a stronghold of the People’s Democratic Party. Its president Mehbooba Mufti is contesting in Wachi. But in some areas many booths wore a deserted look as the boycott call evoked near-total response. Interestingly, the militancy-infested Tral town witnessed huge polling. Long queues were seen outside booths.Authorities had made elaborate arrangements to ensure smooth polling. All roads leading to Pulwama were sealed to thwart marches by separatists. Senior separatist leaders including Syed Ali Geelani and Mirwaiz Umar Farooq have been put under house arrest, and Srinagar and other towns are under an undeclared curfew. Both leaders condemned the police firing on protesters.Mr. Samoon told journalists that a magisterial inquiry was ordered into the Quil incident. The Pulwama Deputy Commissioner was asked to give his report within 15 days.

happy days buyers

The buzz about vehicles being cheaper and affordable has definitely got the city’s attention like never before.With automobile giants announcing a price reduction on their vehicles, the good news is buyers can save up on their purchase. The automobile market is all set to move thanks to the Cenvat rate cut introduced by the government.The decision has traders smiling, as they say that there have been a lot of enquiries regarding the revised prices.While the move is being welcomed by everyone, one will have to wait and watch if the automobile market will manage to bounce back from the impact of recession.

babli gola

TDP president N. Chandrababu Naidu, Andhra Pradesh CPI secretary K. Narayana, TRS MP B. Vinod Kumar, MPs, MLAs, senior leaders and hundreds of cadres from the three parties were arrested by the police here on Thursday when they defied prohibitory orders and marched towards Prime Minister Manmohan Singh’s office seeking his intervention in the Babli row with Maharashtra.Earlier, the leaders, along with cadres who came here by a special train from Hyderabad, staged a dharna at Jantar Mantar to urge the Centre to prevent Maharashtra from going ahead with the construction of the project and 11 other barrages across the Godavari.