[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.