Afzal Guru

Mohammad Afzal, also known as Afzal Guru, is a Kashmiri who was convicted of conspiracy in the December 2001 attack on the Indian Parliament and was sentenced to death by the Supreme Court of India in 2004. The sentence was scheduled to be carried out on 20 October 2006. Afzal was given a stay of execution and remains on death row.

Early life

He completed his MBBS and pursuing for an IAS exams^[1].

The case

Eighty witnesses were examined for the prosecution and ten were examined for defense. The judgment mentions:

"The incident, which resulted in heavy casualties, has shaken the entire nation and the collective conscience of the society will be satisfied if the capital punishment is awarded to the offender."^[2]

The prosecution's case

The attack was conducted jointly by the Lashkar-e-Toiba (LET) and the Jaish-e-Mohammad (JEM) Kashmiri militant separatist groups. Seven members of the security forces, including a female constable, were killed, as were the five still incompletely identified men who carried out the attack.

Afzal's cell phone number was found on each of the attackers, written on the backs of their unsealed paper IDs, in an identical hand, according to the Indian government's prosecutors in the case. There were also cell phones and SIM cards on the attackers, and it was Afzal's cell phone records.

The police case was based on evidence that the individuals who participated on the terrorist attack on Indian Parliament on 13 December 2001 had been in contact with Afzal in Srinagar just prior to the operation, and on an apparent confession made by the accused. This was a key information for the prosecution of accused.

Pressure for clemency

There is an appeal to issue clemency to Afzal from various human rights groups including political groups in Kashmir, who believe that Afzal Guru did not receive a fair trial and was subject to a frame up of corrupt and inefficient police work. Human rights activists in various parts of India and the world have demanded reprieve as they believe that the trial was flawed. Arundhati Roy and Praful Bidwai castigated the trial and argued that Afzal has been denied natural justice.^[3][4] Accusations of human rights violations have been made by many.

Former Jammu and Kashmir Chief Minister Ghulam Nabi Azad of the Indian National Congress and local political groups voiced their support of clemency for Afzal. It is alleged many have done so to appease Muslim voters in India.^[5]

Communist Party of India (Marxist) is critical of both the Congress, who is delaying the legal procedure in the case as well as BJP who tries to whip up enmity between communities in the name of a crime done by a group of criminals. The party wants the law of the land to take its course without any interference.^[6]

Ram Jethmalani holds that it is completely within the President's power to commute the Death sentence and is not a mercy plea. He says, "It’s a misnomer to call it a mercy petition. It leads to total misunderstanding of the constitutional power. The constitutional power is that the President has the power to disagree with the Supreme Court both with its findings of fact and law."^[7]

But others^[who?] are of the view that such a sweeping Constitutional power cannot be given to the President inasmuch as it would subvert the concept of justice enshrined in the Constitution.

The Jammu and Kashmir People's Democratic Party president and MP, Mehbooba Mufti commented that the Centre should pardon Afzal if Pakistan accepted the clemency appeal for Sarabjit Singh.^[8]

Ms. Mufti, said that if clemency appeals were made for Sarabjit citing his Indian nationality, voices should also be raised for Afzal for "he too is an Indian citizen". "Two citizens of India cannot be treated with different yardsticks" she had said.

However, the All India Anti-Terrorist Front Chairman Maninderjeet Singh Bitta has urged the President of India not to accept any clemency pleas on Afzal's behalf. He warned that his organisation would launch agitations if Afzal was pardoned. He also criticised statements of various political leaders and blamed them for "encouraging activities of militants in Jammu and Kashmir".^[9]

An India Today poll in late October showed that 78% of Indians supported the death penalty for Afzal^[5]

On 12 November 2006, the former Deputy Prime Minister of India, Mr. Lal Krishna Advani criticized the delay in carrying out the death sentence on Guru for the Parliament terror attack, saying, "I fail to understand the delay. They have increased my security. But what needs to be done immediately is to carry out the court's orders".

The Bharatiya Janata Party (BJP) has severely criticized Arundhati Roy. BJP spokespoerson Prakash Javadekar said:

"Those who are supporting Afzal by demanding that he should not be hanged are not only acting against public sentiment in the country but are giving a fillip to terrorist morale," ^[10]

On 23rd of June 2010, the Ministry of Home Affairs has recommended the President's office to reject the mercy petition.
On the 7th of January 2011, a whisleblowing site indianleaks.in has leaked a document which states that the mercy petition file is not with President of India.^[11] This was confirmed by Home Minister P. Chidambaram in New Delhi on 23 Feb 2011.^[12]

On the 10th of August 2011 the home ministry of India rejected the mercy petition and sent a letter to the President of India recommending the death penalty .^[13]

Posted on Sep 07, 2011 at 02:42pm IST, HuJI claims responsibility for Delhi HC blast at the Delhi High Court in which 10 people have been killed and 65 others injured. HuJI in an e-mail sent to a media house claimed that the blast was carried out in retaliation to Parliament attack convict Afzal Guru's death sentence.

"We owe the responsibility of todays blasts at high court delhi..... our demand is that Afzal Guru's death sentence should be repealed immediately else we would target major high courts & THE SUPREME COURT OF INDIA," the e-mail read.

See also

• Justice for Afzal Guru - website
• 2001 Indian Parliament attack
• Maulana Masood Azhar
• Indian Airlines Flight 814
• Ajmal Kasab

References

1. ^ http://www.amarujala.com/national/nat-Afzal-Compunction-why-not-exploded-a-car-bomb-16054.html.
2. ^ http://justiceforafzalguru.org/background/AfzalBooklet-1.pdf
3. ^ Roy, Arundhati (15 December 2006). "India's shame". The Guardian (London). http://www.guardian.co.uk/india/story/0,,1972788,00.html. Retrieved 13 May 2010. 
4. ^ Afzal must not hang
5. ^ ^{a b} (30 October 2006). No Mercy. India Today, [5(43)], [14-15].
6. ^ Playing With National Security People's Democracy
7. ^ http://www.tehelka.com/story_main21.asp?filename=Ne102806Afzal_was_CS.asp
8. ^ [1]
9. ^ "Bitta urges President not to pardon Afzal". The Times Of India. 8 November 2006. http://timesofindia.indiatimes.com/articleshow/366888.cms. 
10. ^ The Hindustani Times
11. ^ "Afzal Guru Mercy petition file is not with President of India!". Indian Leaks. 7 January 2010. http://indianleaks.in/leaks/afzal-guru-mercy-petition-file-in-not-with-president-of-india/. 
12. ^ "Afzal Guru’s mercy petition not yet sent to president: Chidambaram.". Deccan Herald. 23 February 2011. http://www.deccanherald.com/content/140350/afzal-gurus-mercy-petition-not.html. 
13. ^ "Home Ministry rejects Afzal Guru's mercy petition.". CNN-IBN. 10 August 2011. http://ibnlive.in.com/news/home-ministry-rejects-afzal-gurus-mercy-plea/174655-3.html. 

External links

• Bitta urges President not to pardon Afzal
• Clemency-seekers weakened Afzal's defence
• Terror needs direct response

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