Author: PTI
Publication: The Pioneer
Date: May 10, 2009
URL: http://www.dailypioneer.com/175170/Need-to-change-Act-as-terror-groups-may-use-minors-Nikam.html
The trial of Ajmal Amir Kasab, the lone terrorist
caught in the November 26 attacks, has thrown up the possibility of minors
being used for terror attacks and time has come for the country to strengthen
the Juvenile Justice Act to deal with such impending menace, special public
prosecutor Ujjwal Nikam has said.
After Kasab unsuccessfully attempted to plead
that he was a juvenile, a possibility arises that terror groups might use
minors to carry out suicide attacks, he warned.
"Juvenile offenders are likely to infiltrate
into the country... Time has come to change the archiac Juvenile Justice Act
to ensure that terror suspect below the age of 18 should be tried under the
stringent laws, Nikam said in an interactive session with PTI journalists
in Mumbai.
Recently, the Act was amended to increase
the age of juvenile from 16 to 18 years. Even that would not suffice for a
juvenile terrorist as there was no provision under the Act to award rigorous
imprisonment like death penalty, Nikam said.
A juvenile convict cannot be tried in a regular
court but only before a juvenile authority which does not award punishment
even if guilt is proved, said Nikam.
Nikam said similar to Kasab, who had attempted
to prove himself to be a juvenile to escape punishment taking advantage of
the lenient Act, "Many young people are being brainwashed and used by
terror groups and our existing laws are inadequate," Nikam said.
Nikam justified the need for examining FBI
officials in Kasab trial saying it would help them provide the evidence in
regard to phone calls made to Karachi during the attacks.
The public prosecutor also favoured setting
up of special courts to try terror cases just as was done in the case of 1993
Mumbai serial bomb blasts for speedy disposal.
"There is a requirement that an anti-terror
court should handle only one case. As of now, the condition is such that most
anti-terror courts are handling multiple cases which delays the judgement",
Nikam said.
Nikam, however, opposed holding summary trials
saying that trials should be held in a transparent manner giving a fair opportunity
to an accused to defend himself.
Kasab, a resident of Faridkot in Pakistan,
and two other alleged Indian Lashkar-e-Toiba operatives are facing trial for
their alleged involvement in Mumbai terror attacks that killed 166 persons
and injured 234.
Nikam said police had accumulated sufficient
evidence against all the three accused. "In the case of Faheem Ansari
and Sabauddin Ahmed, there were no confessions and we will be relying purely
on evidence obtained to prove their guilt".
Sharing his thoughts on the behaviour of Kasab
during the trial, which began on Friday, Nikam said he is not only been trained
in terror warfare but also given training to escape the clutches of law by
"dishonest" means.
"Kasab said his age was 21 years to the
Jailor and doctor who examined him after his arrest but in the court he pleaded
he was 17," he added.
