Supreme Court Judgement on Ksab
MOHAMMED AJMAL MOHAMMAD
AMIR KASAB @ ABU MUJAHID … APPELLANT
VERSUS
STATE OF MAHARASHTRA … RESPONDENT
"603. In the course of hearing of the appeal we also came to know the trial Judge Shri Tahiliani. From the records of the case he appears to be a stern, no-nonsense person. But he is a true flag bearer of the rule of law in this country. The manner in which he conducted the trial proceedings and maintained the record is exemplary. We seriously recommend that the trial court records of this case be included in the curriculum of the National Judicial Authority and the Judicial Authorities of the different States as a model for criminal trial proceedings."
(Para 603)
JUDGMENT
CHANDRAMAUL I KR . PRASAD,J .
(CHANDRAMAULI KR. PRASAD)
MOHAMMED AJMAL MOHAMMAD
AMIR KASAB @ ABU MUJAHID … APPELLANT
VERSUS
STATE OF MAHARASHTRA … RESPONDENT
"603. In the course of hearing of the appeal we also came to know the trial Judge Shri Tahiliani. From the records of the case he appears to be a stern, no-nonsense person. But he is a true flag bearer of the rule of law in this country. The manner in which he conducted the trial proceedings and maintained the record is exemplary. We seriously recommend that the trial court records of this case be included in the curriculum of the National Judicial Authority and the Judicial Authorities of the different States as a model for criminal trial proceedings."
(Para 603)
CHANDRAMAUL I KR . PRASAD,J .
I agree.However, I wish to add few words of my own.
In all human affairs absolute certainty is myth. Prof.
Brett puts it, “ all exactness is fake”. Ordinarily,
E.L.Dorado theory of “absolute proof” being unattainable, the
law accepts for it probability as a working substitute.
Hardly one come across a case, where Court does not
resort to “certain probability” as working substitute for
proof beyond all reasonable doubt. However, in the case in
hand, from the evidence, oral and documentary, reference of
which have copiously been made in the judgment by my noble and
learned Brother Aftab Alam, J. make me believe that “absolute
certainty” may not necessarily be a myth or fake in all cases
and can be a reality.
The present case is an exception. Here, I am more than
certain that the planning and conspiracy to commit the crime
were hatched in Pakistan, the perpetrators of crime were
Pakistani trained at different centres in that country, and
the devastation which took place at various places in the city
397 | P a g e
Page 398
of Mumbai, were executed by the appellant in furtherance
thereof.
…………………………………………………………J.In all human affairs absolute certainty is myth. Prof.
Brett puts it, “ all exactness is fake”. Ordinarily,
E.L.Dorado theory of “absolute proof” being unattainable, the
law accepts for it probability as a working substitute.
Hardly one come across a case, where Court does not
resort to “certain probability” as working substitute for
proof beyond all reasonable doubt. However, in the case in
hand, from the evidence, oral and documentary, reference of
which have copiously been made in the judgment by my noble and
learned Brother Aftab Alam, J. make me believe that “absolute
certainty” may not necessarily be a myth or fake in all cases
and can be a reality.
The present case is an exception. Here, I am more than
certain that the planning and conspiracy to commit the crime
were hatched in Pakistan, the perpetrators of crime were
Pakistani trained at different centres in that country, and
the devastation which took place at various places in the city
397 | P a g e
Page 398
of Mumbai, were executed by the appellant in furtherance
thereof.
(CHANDRAMAULI KR. PRASAD)
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