Islam Under Scrutiny by Ex-Muslims

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Afzal's death sentence: Politics or clemency?

[Note: Tanveer Jafri is a moderate Muslim and does not necessarily agree with all the aims and objectives of this website]

December 13, 2001 was the most unfortunate day in the history of terrorism in India when Pak trained terrorists made a dastardly attack on Indian Parliament considered to be epitome of Indian democracy. During this terrorist attack, six policemen and an employee of the parliament laid down their lives. When these terrorists, with AK-47 & dangerous equipment, were trying to break the safety net of the parliament Gate No. 12, there were many ministers of the centre and Members of Parliament present in the Parliament. In the counter-attack by Delhi Police, five deadly terrorists were killed.

The hearing of this case was done by a special court POTA that handed death sentence for the main conspirators Mohammad Afzal Guru and Shaukat. The Supreme Court, during its hearing, changed the death sentence of Shaukat to ten years imprisonment. Two other accused Abdul Rehman Gilani and Navjot Sandhu alias Afshan Guru was acquitted because of non-availability of evidence. Regarding the capital punishment for Mohammad Afzal Guru, there had been a deep pondering over it in the Supreme Court for the last two months and the honorable judges couldn't get any evidence to lessen his punishment. At last on the August 4, the Supreme Court in its final decision upheld the capital sentence for Afzal and fixed October 20, 2006 his execution by hanging. The Supreme Court in its final decision clearly stated that Mohammad Afzal Guru not only took part in the Parliament attack but he also played an active role in the plot. All the evidences were against the main conspirator Afzal.

As the day October 20 draws nearer, all the political parties are trying to exploit this case to maximize their political benefit. Politicians dependent on the votes of Kashmiri people such as Ghulam Nabi Azad, Farooq Abdullah, Mufti Mohammad Sayeed and the separatist leaders as Mir Vaiz Omar Farooq' and Yaseen Malik et al. have adopted the same  stand that the death sentence of Afzal should be done away with. Farooq Abdullah is warning that it will add fuel to the fire of terrorism. Yaseen Malik is saying that this will obstruct the so said peace talk between India & Pakistan. Surprisingly, all the human rights organizations, political parties, elites and scribes have joined the movement of hanging or to change his death sentence to life imprisonment.

Some groups and individuals, who are always against capital punishment, are also pleading for the change of death sentence to life imprisonment for Afzal. This group states that it is always inhuman to hang till death to a living human being or make anyone die. Such punishment shouldn't be allowed anywhere in the world. Undoubtedly these people or organizations are those, who love humanity and consider it inhuman to give death sentence to a human being. But they must consider that an accused is given this death sentence only after deeply looking into the gravity of the crime and on the basis of evidences and witnesses. It is also imperative to punish such dreaded convicts with capital punishment who have no thought of compassion but cruelty for humanity.

The group, who opposes death sentence, too had expressed its opposition and mourning by burning candles when a ravisher and killer, named Dhananjay Chattarjee of Kolkata, was being hanged because of a heinous crime. In my opinion, the ravishers, the culprits who prepare counterfeit life saving drugs, treacherous, disloyal to the nation and those who conspire to destroy the communal harmony of the country, those hypocrites who pretend to be loyal to country but are not, who sell the secrets of the country should be given death sentence. Those, who talk of human rights, must consider that even when there is a provision of death penalty in India, the graph of crimes is rising alarmingly and in case this provision is eliminated, what effect will it have on the professional evil doers?

The arguments in favor of hanging or not hanging are totally political. In some states there will be legislative assembly elections in the near future. In this election, the political parties are trying to make the death sentence of Afzal as the central point for the polarization of votes on the communal basis. As Bhartiya Janta Party, itself is playing a political game on the point of death sentence of Afzal, whereas at the same time, Congress is trying to keep itself away from this point. The left parties are openly pleading for rethinking about the death sentence. Before pleading for changing this death penalty to life imprisonment, we must consider the background record of Afzal that he was trained in Pakistan before plotting the attack on the Indian Parliament. After surrendering himself before the Indian Armies, he had pretended to keep himself away from the terrorist activities. But it was a mere hypocrisy. This man who is untrustworthy, deceptive and of mean nature, made a bloody attack on the Indian Parliament, the first such attack on the sanctum sanctorum of Indian Democracy. As a result of this violent attack, more than a dozen people lost their lives. In spite of long discussions and evidences, the courts couldn't find any excuse to make the basis for changing the death sentence to life imprisonment. Then what do the pleaders for clemency want?

This argument is also baseless that Afzal himself neither fired, nor killed anyone during the Parliament attack so he should be pardoned. Indian courts, since their beginning, puts more blame on the plotters than on the foot-soldiers who do the actions. On this basis, Kehar Singh who plotted for the murder of Indira Gandhi was given capital punishment. Many more had to face hard punishments who involved themselves in plotting such conspiracies. So this argument is also baseless for the persons who are pleading in favour of Afzal.

The death of Indian soldiers who laid their lives during the encounter with the terrorists must not be forgotten. They laid their lives while defending the sanctity of Indian Parliament. Their relatives have to pass through the horror and difficult times. What else can be in store of these plotters? Only and only death sentence. Ancient Regime - Measure for Measure.

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