Tale of Two Terrorists in Two Democracies

Ajmal Kasab and Faisal Shahzad are familiar names for most Indians and Americans. Kasab was the only terrorist in the gang of ten who was arrested alive during the Mumbai terror attacks in 2008. Shahzad was arrested early this week for planting a car bomb in the Times Square in New York City. Kasab was arrested while operationalizing a terror strike; Shahzad was nabbed following the cues from the car which he had planted. Kasab’s connection to Pakistan was established, Shahzad Pakistani connection is evident and under scrutiny.

After a 271 day trial, on May 3rd a special sessions court at Arthur Jail pronounced Kasab guilty of waging war against India, on May 6th Kasab was sentenced to death by the court. On May 3rd Shahzad was arrested on-board an Emirates flight at the J.F. Kennedy airport. Shahzad was questioned by authorities under the public safety exception to the Miranda rule. Miranda rule is the US legal doctrine according to which confessions obtained by police are admissible only if the suspect was informed of his or her certain constitutional rights before being interrogated. These rights include (1) right to remain silent, (2) right to the presence of an attorney, and (3) right to have an attorney appointed by the State if the suspect cannot afford one. 

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Kasab and Shahzad were born in Pakistan. The trajectories of their lives were very different. Kasab was born in a poor family belonging to the underprivileged Qasai caste. His father, Mohammad Amir Iman, runs a dahi-puri snack cart. After being involved in petty crime and armed roberries, Kasab come in contact with activists of Jamaat-ud-Dawa and received military training in a terror camp. Shahzad was employed with Elizabeth Arden, a cosmetics maker in the U.S. Shahszad was naturalized as an American citizen last year. Shahzad and his wife brought a brand-new house for $273,000 in Shelton, Connecticut.

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Kasab and his accomplice were responsible for the death of 60 people at Mumbai’s VT Station. Shahzad’s attempt at ‘killing Americans’ at Times Square was foiled thereby preventing any human casualties.

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The political and legal treatment of Kasab and Shahzad has been somewhat different. Kasab’s trial and sentence has been hailed by many as the hallmark of India’s successful democracy and independence of Judiciary. Even though Shahzad is now legally an American citizen, the investigating agencies are more concerned about getting information from him, rather than making him a poster boy for America’s democratic face. “Don’t give this guy his Miranda rights until we find out what it’s all about,” John McCain said on a radio show after Shahzad’s arrest. Kasab, a terrorist and Pakistani citizen, was given a fairer trail than many other Indian citizens. Kasab’s request for biryani and access to copies of Mahatma Gandhi’s Experiments with Truth were accepted and publicized by the Indian establishment.
Though many are celebrating the Kasab verdict, it is unlikely that he will be hanged soon. Kasab’s sentence will have to be confirmed by the Bombay High Court and even after that Kasab can file a clemency petition before the President of India. There are 29 such clemency petitions pending before the President of India. Kasab will be the 30th person waiting to be hanged following a due process of law. Mohammed Afzal, convicted in the Parliament attack of 2001, is also on the list. Can this be referred to as a triumph of democracy and judicial process?

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After over a year, the prosecution could not present a convincing case against Faheem Ansari and Sabauddin Sheikh, Indian subordinates of the Pakistanis who planned and executed the Mumbai attacks. Ansari and Sheikh had been accused of making and conveying maps of target locations in Mumbai. According to Hindustan Times, “Given the nature of the case, a less finicky judge might have been psychologically pressured into accepting the merits of even shoddy evidence, but Mr Tahaliyani quite rightly chose to abide by the strictest judicial norms.”  Can this be referred to as a triumph of democracy and judicial process?

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Despite availability of satellite communication between the ten terrorists and their Pakistani handlers, Kasab’s confessions and exchange of numerous dossiers containing evidence of Pakistani’s involvement in the Mumbai terror attacks, Pakistan is still to act against LeT and Hafiz Saeed. Even with emerging evidence, Pakistan is already concerned about the negative impact of the Shahzad episode on U.S.- Pakistan relations. Is it the failure of Indian democracy, diplomacy or intelligence that Kasab’s arrest and interrogation did not provide enough evidence to convince Pakistan or the international community to crackdown on anti-India terror groups in Pakistan?
Speaking about the course of the trial, India’s Home Minister P. Chidmbaram said: “We did not create a Guantanamo Bay. We did not create a military court. Kasab was tried in a normal civil court, except that the judge was designated a special judge.”

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Though India may pride herself with according a fair trial to a terrorist, has it made India more secure? Is it such a big deal to convict a terrorist caught in executing an act of terror? Kasab’s interrogation did not even lead India to the David Headley connection until the Headley was nabbed by the U.S.
Are safeguarding human rights of a terrorist more commendable than safeguarding human lives? Does Kasab’s trail accord India a claim to a morally superior democracy and is such a claim better than a relatively more ‘secure’ democracy?