Declare Ajmal as ‘Enemy Alien’ – Subramanian Swamy

published on December 16, 2008

of Dr. Subramanian Swamy,

of the Janata Party.

I demand that the Pakistani terrorist Ajmal Amir Kasab, caught in Mumbai carnage alive, be declared as enemy alien within the meaning of Article 22 of the Constitution. According to Article 22(3) of the Constitution, once a person is declared as an enemy alien, he is not entitled to the protection of Article 22(1), which requires that “no person shall be denied the right to consult and be defended by a legal practitioner of his choice”. This declaration of enemy alien, which is justified, would put an end to the controversy that advocates are under obligation to defend the terrorist.

            I also demand the setting up of a Commission of Inquiry under a sitting Judge of the Supreme Court to go into the question of lapses, cover ups and the circumstances leading to the Mumbai terrorist attack.

            The UPA Government under the new Home Minister Mr. P. Chidambaram appears to be engaged in covering up the willful and deliberate suppression of facts which facts show that there was sufficient advance information for the Maharashtra Police to have acted and that some powerful figures had intervened to see that this did not happen. The present UPA drum beating and hot air about Pakistan is to cover that up.

            Mr. Shivraj Patil was unfairly made the scapegoat for the failure to prevent the attack on Mumbai. In fact, the files of the Home Ministry clearly show that he had performed his duty fully but that his orders were countermanded from elsewhere. This also what Maharashtra’s former Chief Minister Narayan Rane has said. Patil therefore appears to have been removed from the post of Home Minister as part of this cover up.

            India stays in greater danger from the enemy within than from the terrorists from abroad. The latter can be taken care of and eliminated once the enemies within are exposed and dealt with. Otherwise, terrorist attacks will continue.

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