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| Apex court ruling adds to Govt's predicament | | Deciding mercy please | | Early Times Report
Jammu, Sept 22- It is mere predicament for the Government of India following the Supreme Court's direction that the fate of the mercy petitions, filed by those who have been awarded death sentence, be decided quickly.. "The Government must not sit on mercy petitions," the Apex Court has said. Though there are 26 mercy petitions pending before the Government, the one filed by Mohammed.Afzal Guru, awarded death sentence in August 2005 on charge of his involvement in the terrorist attack on the Parliament building on December 13, 2001, seems to keep the Union Government on the tenterhooks because the case has political and intrastate ramifications. No doubt in the attack all the five militants were killed but voices have favoured early execution of Mohammed Afzal Guru, belonging to Jaish-e-Mohammad militant outfit. In the attack nine policemen and one Parliament staffer were killed.
Despite repeated demands from the BJP and its allies that the Government should reject the mercy petition filed by Guru, the Congress led UPA Government has not taken any hasty step. It has been, over the years weighing all the pros and cons because much dirty water had flowed down the Jehlum river when the founder of JKLF, Mohammed. Maqbool Bhat, had been executed in Tihar jail on February 11, 1984 on charge of having killed a CID official. Besides the Bhat's family members even the Kashmir Bar Association had been pleading for return of the mortal remains of Bhat who had been buried in Tihar jail after having been executed. And despite the elapse of 25 years the demand has not been conceded and now Bhat's relations are no longer heard raising the demand again.
Political analysts say that execution of Maqbol Bhat had resulted in the growth of the JKLF which later played a vital role in giving teeth to the 20-year old militancy during its initial years. The Government of India cannot ignore the directions of the Supreme Court and if it does the Court has the powers to convert the death sentence into life imprisonment. The Court has said "the Government must not sit on mercy petitions for long or it should grant people on death row the right to ask it to be turned to life sentence." It wants the Government to settle the issue within a reasonable period. Though the Court has not dilated on the reasonable period, the Government cannot afford to adopt dilly dally tactics.
In fact the central Government wanted to buy time so that the emotive issue was forgotten because during the last three years opinion in the country is sharply divided between pro-Afzal and anti-Afzal sentiments .Even voices in Pakistan have been opposing, that too loudly, execution of Afzal Guru. This way if the central Government ignores the Supreme Court direction Guru has the option of seeking conversion of his death sentence into life imprisonment. If it happens the Congress may be in sharp criticism from the saffron brigade. If the centre rejects the mercy petition it may kick up added turmoil in the Kashmir valley and there were reasonable chances that Islamabad may also reject the mercy petition filed by one Sarbhjit Singh, who has been in detention in Lahore jail for the last two decades. It is to be watched with interest which option the centre would adopt.
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