‘No mercy for terrorist but sympathy for Ajmal Kasab…’, SC said on SG Tushar Mehta’s plea

The Supreme Court on Tuesday (October 22, 2024) refused to consider the petition of 89-year-old Pakistani citizen and Hizbul Mujahideen terrorist Ghulam Nabi requesting his release from Jammu and Kashmir jail and return to his country. Ghulam Nabi is serving life imprisonment in a case related to the 1995 serial bomb blasts at the Republic Day celebrations. Eight people lost their lives in the blasts. During the hearing, Solicitor General Tushar Mehta opposed the terrorist’s petition and said that mercy cannot be shown to the terrorist. On this, the court, while mentioning Ajmal Kasab, said that sympathy was shown for him and the hanging was also opposed.

As soon as the hearing began, lawyer Warisha Farasat, appearing for Ghulam Nabi, told Justice Bhushan Ramakrishna Gavai and Justice K.V. Vishwanathan that the petitioner, whose jail term began in 1995, has been in continuous custody since then. He said that when Ghulam Nabi was acquitted in 2009, instead of releasing him, Jammu and Kashmir Public Safety Act was imposed on him and he was again detained.

The lawyer told the bench, ‘The petitioner was acquitted by the lower court, but he was never released. The main objection raised in his case was that according to Jammu and Kashmir Jail Rules, there is no exemption available for terrorist incidents. Solicitor General Tushar Mehta, appearing for the Centre, said that the petitioner is a Pakistani citizen who had infiltrated into India without any documents. Tushar Mehta said that this court convicted him for bomb blast in Jammu and killing eight innocent people.

Questioning the petition, Solicitor General Tushar Mehta said how can he file a writ petition under Article 32 of the Constitution. He said, ‘He is a terrorist. When they are sent back, they are never accepted. Ajmak Kasab was never accepted in his country. Ghulam Nabi’s lawyer said that the Jammu and Kashmir government is not accepting the apology because he carried out the terrorist act. The lawyer said that there is no issue of Ghulam Nabi being a Pakistani citizen.

Tushar Mehta opposed the argument and said that mercy cannot be shown towards a terrorist. The bench said, ‘Sympathy was also shown for Kasab that he should not be hanged. The security of the country, nation and citizen has no value? Advocate Farasat then cited the Rajiv Gandhi assassination case and said that this court directed for premature release of the culprits, even though the crime was of serious and terrorist nature.

The bench said that no recommendation has been made by the Jammu and Kashmir government in this matter. After this the lawyer withdrew the petition and the petition was dismissed as withdrawn. Ghulam Nabi, a resident of Sialkot district of Pakistan, was acquitted by the TADA court in 2009. However, on July 1, 2015, the Supreme Court rejected the decision to acquit him in this case. Later on September 30, 2015, the Supreme Court sentenced him to life imprisonment.

Also read:-
If there is objection to religious education in madrassas then why not to monasteries and schools? CJI Chandrachud asked questions to NCPCR in full court