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Sunday, February 10, 2013

AFZAL GURU: A FLAWED EXECUTION

Afzal Guru, the key conspirator of the 2001 attack on India's parliament was hanged to death at 8 a.m. yesterday. The noose which had been hanging on his head since 2005 finally came down. Predictably, the electronic media went beserk and an array of  panelists voiced their opinions. Yes, the law took its course and the Supreme Court after hearing and seeing all evidence found it fit to award him the death sentence. A punishment in almost all countries for an act of sedition. The debate over capital punishment is ofcourse a separate issue. Nobody can or should doubt the wisdom of the court in arriving at this decision. But, what can be questioned is the manner in which the judgement was executed. The government of India, in this case, the UPA, which has been in power ever since developed cold feet, while, BJP the main opposition party found it a good horse to flog.  For eight years they kept the man alive in the shadow of death. Infact, they lulled him and his family into believing that it might perhaps not happen at all. And then all of a sudden with elections nearing and their new found confidence after Kasab's hanging they moved the file to the President advising him to reject his mercy plea, and within days hung him.

Firstly, why should a government of elected representatives who have vote bank compulsions have the power to over rule a judgement arrived at after a due process of law has been gone through: from sessions court to high court and finally to the supreme court. Since, such a provision does exist, why is there no time limit, and why in not adhereing to such a time frame the government is not held accountable.

Having risen from a boy peon's positon in court to a six year stint as a sub-inspector in Maharashtra police to becoming the home minister of India, Shinde has come a long way. But, he doesn't seem to have evolved since his sub-inspector days and is using SHO level tactics of handling criminals through secrecy and hoping everything would be alright once the deed was done. His confidence stems from  a similar execution done few months ago, viz, of Ajmal Kasab. What he forgot was while one was a Pakistani national, and had been caught on camera weilding an automatic gun, killing hundreds of Indians, the other Afzal Guru was an Indian national whose deeds had been more under cover and open to conjecture. Also, while Kasab had no sympathisers even in the Muslim community by and large, the other did have in his home state. It is not what the government does but what is perceived to be done which brings angst among people.Governments which come across as humane and upfront are believed and trusted and not those that violate basic human principles whatever the practical constraints.

Home Ministry has blundered. They forgot there was a family out there. By, not informing them before the execution, by not allowing them to see him one last time and by not allowing the man a last wish they have made a martyr out of him. However, big a crime, the criminal does have some people who love him irrespective of it and unconditionally; his immediate family. The government's statement that they had informed through speedpost is laughable. Ofcourse, they knew it wouldn't reach them in time. Perhaps, the worst thing that can happen is to know of the death of a family member through television. So, now they have a new problem on hand; the reactions of the people of Kashmir and their leaders in National Conference and PDP. While, the ruling party in J & K is understandably trying to distance itself by saying it had no part in the sudden turn of events, the opposition members are trying to cash in on the human angle. When will this country be freed of knee jerk decisions and partisan politics?

 

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