Delhi govt. clears Afzal Guru’s file on mercy petition

Discussion in 'Politics & Society' started by nandu, May 18, 2010.

  1. nandu

    nandu Senior Member Senior Member

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    Delhi govt. clears Afzal Guru’s file on mercy petition

    The Delhi government has cleared the file on the mercy petition of Parliament attack case convict Afzal Guru and sent it to the Lieutenant Governor’s office, four years after its opinion was sought on the issue by the Centre.

    “File age chali gayi hei. (The file has been moved for further action),” Delhi Chief Minister Sheila Dikshit told reporters here. However, she did not respond to queries on where the file has been sent.

    Top government sources said the Delhi Home Department has sent the file to the office of Lt Governor Tejinder Khanna, who will examine it and send it back.

    After it is returned by the LG office, the state Home Department will forward the file to the Union Home Ministry.

    The clearance of the file came after the Delhi government received the 16th reminder from Union Home Ministry recently seeking its opinion on the mercy petition. The government on Monday had said it will send in the “shortest possible time” its opinion on the mercy petition.

    Guru was awarded death sentence by a Delhi court on December 18, 2002, after being convicted of conspiracy to attack Parliament on December 13, 2001, waging war against the country and murder.

    The death sentence was upheld by Delhi High Court on October 29, 2003, and his appeal was rejected by the Supreme Court two years later on August 4, 2005.

    A sessions court also fixed the date of his hanging on October 20, 2006 in Tihar jail.

    Following this, Afzal filed a mercy petition with the President, who forwarded it to Union Home Ministry for its comments.

    The Union Home Ministry had sent the file to Delhi Government’s Home Department for its comments, as per the laid out procedure.

    http://beta.thehindu.com/news/national/article433007.ece
     
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  3. sob

    sob Moderator Moderator

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    Do we know after 4 years what has been the decision of the CM Dixit, who has been vacillating for so long that now the stink is becoming unbearable.
     
  4. truthfull

    truthfull Regular Member

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    she is traitor clearly,man who was responsible for attack on parliament has been pardoned
     
  5. ahmedsid

    ahmedsid Top Gun Senior Member

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    This is a really disgraceful situation for our Nation as a whole. A person convicted for Death, being kept alive, and the expenses incurred by the State for this, all this is really shameful. I mean, if the Nation as a whole cannot get Justice from our System, how can you or me, a common man get the Justice we deserve if some tragedy befalls us, God Forbid!
     
  6. ejazr

    ejazr Stars and Ambassadors Stars and Ambassadors

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    I started researching this story and found some interesting newsbites. Ofcourse I can't claim which one is more accurate or not but this is possibly the reason why there has been a delay. The main reason being there was no clear evidence according to the SC that linked him to the parliament attacks. Here is one such article:

    Why Afzal must not be hanged
    Nandita Haksar
    All day I have been getting calls from television channels asking me for a bite on the Afzal case. I have refused. Whatever I wanted to say has been written in my book Framing Geelani, Hanging Afzal: Patriotism in the Time of Terror.
    The question of Afzal came up because of the judgement in the Mumbai attack case and death sentence to Kasab. The facts of the two cases are different and there is no link between the two cases.
    If the media really wanted to hear Afzal's side of the story it could read his mercy petition published in the form of a book by Champa Foundation along with Bibliophile South Asia in 2007. It is called The Afzal Petition: A Quest for Justice. Except for the Frontline, which reviewed the book, other media ignored it. Now the electronic media wants me to give them a bite so that they can satisfy their conscience that they have put both sides of the story.
    The reason why we began the campaign for Afzal was because he did not get a fair trial. He did not have a chance to represent himself. And this fact alone makes it a clear case for commuting his death sentence into life imprisonment.
    There is no need to get into any complicated legal reasons. The record of the Sessions Court is enough to show that Mohammad Afzal was denied a fair trial. He did not get a lawyer because he was too poor to pay the fees for a lawyer, and even those who he named refused to represent him (including a well-known human rights lawyer). The lawyer foisted on him by the Sessions Judge did not want to represent Afzal. The Order of the Sessions Judge, dated July 7, 2002, states: "Mr Neeraj Bansal has requested for withdrawal from this case, but he is requested to assist the court during trial." This shows Mr Bansal was an amicus curiae, not a defence lawyer.
    Every Indian citizen should read the annexure to Afzal's mercy petition, reproduced in the curative petition filed by Indira Jaisingh. The chart lists the 80 witnesses produced by the prosecution and shows that the lawyer appointed by the Sessions Court for Afzal did not cross- examine 56 of those witnesses, even the most crucial ones. And even those who were cross- examined were done most inadequately, sometimes by merely giving one suggestion.
    Anyone remotely interested in justice should just read the court records with regard to the cross-examination of the most important witnesses including the Investigating Officer. The records clearly show that PW 76 (Inspector H. S. Gill), on whose testimony Afzal was given a death sentence, was most inadequately cross-examined.
    I do not want to go into the controversies about Afzal's lawyers at the High Court and Supreme Court. Even if they had done their best they could not have undone the damage done at the Sessions Court where the foundation of his case was laid.
    These facts alone should shame us as citizens of the world's largest democracy.
    Apart from the fact that Afzal was denied a fair trial, even on the facts of the case Afzal cannot be given death penalty because the prosecution did not produce any evidence of his being linked to any terrorist organisation. The Supreme Court of India acquitted Mohammad Afzal of the charges of belonging to any terrorist organisation. There was not even an iota of evidence produced by the prosecution to link Afzal with any banned organisation. Secondly, Afzal was not directly involved in the killing of anyone. Thirdly, the Supreme Court rejected his confession because it was found to be extracted by torture.
    The trial of the four persons accused of attacking Parliament exposed the shoddiness of the investigation process. It brought to light the communal atmosphere in the Special Cell, the corruption of some of its officers (the Investigating Officer, Rajbir Singh, was involved in many corruption cases and subsequently murdered) and their story of arrests was proved to be not true. That is the reason that of the four accused two were acquitted, one was given ten years sentence and only Afzal was given death sentence.
    Despite this the Supreme Court sentenced Afzal Guru to death. Why? The Supreme Court held: "The incident, which resulted in heavy casualties, had shaken the entire nation and the collective conscience of the society will only be satisfied if the capital punishment is awarded to the offender."
    The Kashmiris have not forgotten the injustice perpetuated on Maqbool Butt and they will not forget Afzal if he is hanged. Kashmiris protested against Afzal's death sentence not merely because he was a Kashmiri, but because he was denied justice.
    In a resolution passed in Srinagar on September 24, 2005 the leaders of the movement for Kashmir's self-determination asked the following question: "We the people of Kashmir ask: why the collective conscience of Indians is not shaken by the fact that a Kashmiri has been sentenced to death without a fair trial, without a chance to represent himself? Throughout the trial at the Sessions Court Mohammad Afzal asked the Judge to appoint a lawyer. He even named various lawyers but they all refused to represent him. Is it his fault that the Indian lawyers think it is more patriotic to allow a Kashmiri to die rather than ensure he gets a fair trial?"
    This resolution was signed by Syed Ali Shah Geelani, Shabir Ahmad Shah, Mohammad Yaseen Malik, Mian Abdul Qayyoom and Nisar Mir.
    In contrast, there was a tremendous response in Kashmir to our campaign for defence of the Parliament attack case accused and the acquittal of one accused after he was awarded the death sentence. They felt that for the first time some Indians had taken up the matter without any hidden agenda, without raising funds or for political gain. In fact our campaign created so much goodwill and hope. This is because the story of Afzal is the story of Kashmiris of his generation. And for the first time his story was being heard.
    Apart from Kashmir, many Muslims also felt that our campaign for the Parliament accused had set new standards for human rights and they saw some hope in the midst of the Islamo-phobia engulfing our country. The campaign made them feel slightly more secure.
    Now once again Afzal is being hanged by the media. Broadcasting the press conference he was made to give inside the Special Cell in violation of all rules and ethics. One TV channel even claimed that it was an interview with its correspondent when it was a conference in which he was in handcuffs and made to make a self-incriminating statement.
    If Azal is hanged today will it resolve any problem? Will it satisfy the conscience of this country? Will all those gunning for him feel any safer? The answer to all these questions is 'no'. Hanging Afzal under the pressure of the Hindu Right-wing lobby would only endanger Indian security and would be a stigma on Indian democracy.

    ---------------------------------------
    There is some more expert opinion by famous lawyers like Ram Jethmalani and AG Noorani on this website along with copies of the SC judgment. Interesting read nonetheless and quite different from the impression I had from the media of his certainty in being caught in the actual Parliament attacks similar to how Kasab was caught red handed in Mumbai attacks.

    http://justiceforafzalguru.org/
     
    Last edited: May 27, 2010
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  7. maomao

    maomao Veteran Hunter of Maleecha Senior Member

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    ^^^^ Boss avoid leftist propagandists, they will always side with the enemy to vent out their frustration about not being in power, by the logic above hanging Kasab will also not solve the problem and we should send him back to Pakistan and let Failed State pakistanis crown him as a jihadi hero, subsequently allowing all deprived, illiterate, impoverished, brainwashed kids from pakistan to pic-up their dads AK-47s and cross over to become jihadi heroes. Fear is the key here not mercy!

    Come-on, sometimes logic is simple and straightforward.
     
  8. mehwish92

    mehwish92 Founding Member

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    think of it this way....u hang afzal, kashmiris will take it as a form of discrimination against kashmiri muslims. They will think Indian gov't executed a man without getting him a fair trial simply because he is Kashmiri. This will further fan the separatist movement. I'm not against the death sentence for Afzal Guru but if it is true that he did not have a lawyer to represent him, then he must be given one.

    No Kashmiri had ever passed the IAS exam (let alone make it to the top) until Shah Faesal came along. Kashmiris used to believe that Indian gov't deliberately failed Kashmiris, until 4 Kashmiris passed it this year, and one of them (Shah) topped it. It's the same thing here. You give Afzal a fair trial, Kashmiris will give up the notion that Afzal is not being given a fair trial because he is Kashmiri
     
    Last edited: May 28, 2010
  9. truthfull

    truthfull Regular Member

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    you are a traitor clearly ,then why indiras killers were hanged.
     
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  10. ejazr

    ejazr Stars and Ambassadors Stars and Ambassadors

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    @maomao
    I think Kasab case is completely different from this. Kasab was caught red handed. There was video-graphic evidence of him carrying AK47s. There were voice intercepts of his communication with his handlers. The trial courts had more than just his confession to convict him on.

    In Afzal guru's case, the SC public records make it clear that there was no evidence presented to link him to the LeT e.t.c. Neither was there any clear evidence presented (like in Kasab case) of his direct involvement in the parliament attacks.

    The operative part is:
    The Supreme Court of India acquitted Mohammad Afzal of the charges of belonging to any terrorist organisation. There was not even an iota of evidence produced by the prosecution to link Afzal with any banned organization. Secondly, Afzal was not directly involved in the killing of anyone. Thirdly, the Supreme Court rejected his confession because it was found to be extracted by torture.


    If you go through the published court proceedings on this case, this is factually correct. Justice and rule of law is key here, not fear or mercy. Even though Kasab was a Pakistani, he was given a fair trial and a proper court appointed lawyer to defend him. It would be unfortunate if an Indian National - Afzal Guru was not given the same.

    The point in my view is not wether a terrorist when proven guilty should or should not be given death penalty. For creating such havoc, there is nothing else that such people deserve and they should be given the death penalty. The point here is weather Afzal Guru got justice or is he being sentenced to death under "media pressure". Justice is the key word here. I think many people are unaware of the true facts of the case (like I was) and form an opinion. But a through research of the case shows that its not as straightforward as Kasab's case. The decision should be based on justice not public sentiment.
     
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  11. ejazr

    ejazr Stars and Ambassadors Stars and Ambassadors

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    @truthfull
    Because they were caught red handed. This is unlike the Afzal Guru case, please go through the SC court proceedings if you haven't yet.

    And please refrain from naive labels of traitors and patriots, we are having a discussion here, so no need for chest thumping.
     
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  12. mehwish92

    mehwish92 Founding Member

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    Whatever I have said, I have said for the sake of India's unity. Go ahead and hang Afzal, and see what will happen in Kashmir. What will happen next will not be good.

    Previous articles have stated that Afzal was not given proper representation, no lawyer represented him. Give him a fair trial. If Kasab can get a lawyer, why not Afzal? Evidence against him is also quite weak, apparently. Frankly I do not know if Afzal is guilty. But Kashmiris argue that how can you hang a person without giving him a fair trial..

    as for Indira Gandhi's killers...i do not know too much about that. But even in that case, I would like to say that...if we can give Kasab a fair trial even though he was seen on TV committing an act of terror, then even Indira's killers should have been given a fair trial.
     
  13. Yusuf

    Yusuf GUARDIAN Administrator

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    Why would he be called a traitor may i ask? Everyone has an opinion. Mehwish is a proud Indian and calling someone a traitor is uncalled for.
     
  14. F-14

    F-14 Global Defence Moderator Senior Member

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    why are people so scared of killing terrorist if the valley burns then let it but even under that danger we should do it .
    Mehwish I understand your post and what it stands for, but what the government has given a bitter pill to us .
    but truth full also has a point when he says "then why indiras killers were hanged." is it not a valid question?
    our union has a bad habit of being held hostage to certain people like the kashmiri militants.

    all i like to say is that.

    "my Heart bleeds for my mother yet her politicians play Russian roulette with her enemies please see thy foully"
     
  15. mehwish92

    mehwish92 Founding Member

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    if he is a terrorist he deserves to be hanged. but give him a fair trial. thats all.

    again i repeat, indira's killers also should have been given a fair trial before being hanged. congress is full of corrupt politicians. that's a fact.
     
  16. Daredevil

    Daredevil On Vacation! Administrator

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    This is all poppy cock. Just because Kashmiri muslims go up in the arms if Afzal guru is hanged doesn't mean India should stop hanging him, its subversion of justice. Who decides what is fair trial and what is unfair trial. He was given lawyers for defence and moreover he is someone who could have afforded a lawyer himself, he was a professor. There is no smoke without fire. All the mobiles of the killed terrorists in Parliament attack has the mobile phone number of Afzal Guru and telephone records between them indicates that he was involved in carrying out of attacks on parliament leading to death of 7 people. Fair trial doesn't always necessarily mean that the accused goes scot-free.

    All those people who are saying that he was not given fair trail are all left wing propagandists and fifth columnists if have a look at the list on that website. Arundathi Roy is right up there in that list indicating what kind of people are behind this propaganda of fair trial poppy cock.
     
    Last edited: May 28, 2010
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  17. ajtr

    ajtr Veteran Member Veteran Member

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    wasn't arundhati roy the one who propagated the story of cutting open the womb and burning of foetus story during gujrat riots??
     
  18. Yusuf

    Yusuf GUARDIAN Administrator

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    Well a fair trial is a given for anyone in any case in a democracy. Going by the post a couple of pages back which came up with the short comings in the sessions court, it shows the trial was not fair. But that is what those guys have said. We also have to see what the prosecution has to say and also the judge and independent observers. Capital punishment is given in the rarest of the rare cases and even any other punishment is given in due accordance with the severity of the case.

    What i can pick from the post sighting human rights activists saying he wasnt even there in person when the attack took place, well the same goes for Hafeez Saeed who is the most wanted terrorist in India for his role in terror against India in his capacity as the leader and organizer of terror outfit LeT and JeM. He too would go to the gallows if he was given a trial in India.

    Since most of us are ignorant on the intricacies of the trial and go with what comes in the media, our opinion at best is based on speculation and is in the end just an opinion. Anyone can say what ever they want, but calling someone a traitor is definitely not on. We will have to go deep into the case to form an opinion based on facts. But then we are not even qualified to go through the court proceedings.

    On the face of it, a terrorist killing innocent has to face the music and also his handlers and supporters. All forms of terror should be classified as waging war against the nation which attracts the death sentence. Only thing is that the charge has to be proved beyond any doubt or speculation. Investigating agencies in India do a shoddy job is a known thing. They tend to botch open and shut cases. Then they tend to "plant" evidence as in the case of Kasab where the judge disregarded some maps that were retrieved from his pocket. Luckily the other evidence and TV footage was so strong that he just could not escape. Otherwise Indian agencies would have made sure even Kasab got away because of the manner in which they go about their business.
     
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  19. mehwish92

    mehwish92 Founding Member

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    i stand by what i said, and will not bother repeating myself. however if you say that he was given a fair trial before being declared guilty, then yes he should be hanged..

    however if he hasn't been given a fair trial then he should not be hanged until he is given one. Kashmiris do not believe he was given a fair trial. And you must respect that. You can say whatver you want about Arundhati Roy, but you cannot disregard the opinion of Kashmiris.

    Posted on Wikipedia (Bad choice, I know, but easy to find):

    I understand the hatred people have for Arundhati Roy, but she isn't the only one claiming this.
     
  20. AJSINGH

    AJSINGH Senior Member Senior Member

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    just one simple question , why did it take this long to move this file ? if it was bureaucracy inefficiency then no problem ,however if it was intentional ,then very bad on the part of UPA Govt
     
  21. Oracle

    Oracle New Member

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    /\/\ No one knows for sure why? But let some days go by, things will get clearer.
     

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