But then, can this be said even about the decision to hang Kasab? If there was ever an open-and-shut case of capital crime, it was of course that of the only attacker to have survived the 26/11 massacre. So, whoever the judges were at the three levels of courts that had handled his case, it was most unlikely that any of them would have spared him the noose. It takes a crime of the magnitude of 26/11 to carve an exception to Justice Lokur’s formulation that the recourse to the death penalty depended on the judge rather than any principle. There was still an element of uncertainty about the punishment awarded to Kasab. And that was whether he would be executed at all and, if so, when.