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| Spotlights are on Rashtrapati Bhavan | | Afzal Guru's future divides Indian nation | |
NEW DELHI, OCT. 9
A piquant situation has arisen for the Congress-led coalition government at the Centre, with groups of people in Delhi and Kashmir engaged in the task of building up a movement that aims to save the prime accused in the December 2001 Parliament atack case, Mohammed Afzal Guru, from being hanged on October 20. Clearly, the question whether he should be hanged has divided the entire nation.
The President, APJ Abdul Kalam, has reserved his ruling on the mercy petition, which was submitted to him by Afzal Guru's wife last week. Kalam has referred the matter to the Union Home Ministry for its comments. And since the Afzal Guru episode has been politicised in the restive Valley of Kashmir, the Union Home Ministry is currently in close contact with the Prime Minister's Office (PMO) and the Law Ministry on the future of the prime acused in the Parliament attack case.
Ram Jethmalani, senior lawyer at Supreme Court and former Uniopn Law Minister, has let it be known that the question is whether this man has been found guilty which conforms to the standard of fairness regarded by the civilised judicial system and the answer is ‘No’. “You cannot establish somebody's guilt or innocence unless you give him a fair trail,” says Delhi University lecturer, S A R Geelani, who was co-accused in the case but later exonerated.
Former Police Commissioner of Delhi, TR Kakkar, has stated: "The high court pronounced him guilty. The case went to Supreme Court, where he was pronounced guilty. The review petition was filed which was turned down by Supreme Court". He asked: "What more fair trial does a person need?"
BJP claims that Congress is playing vote bank politics by not taking a firm stand on the issue. BJP leader, LK Advani, said: “It is vote bank politics, sure and simple. In this case, it is not only political impropriety and political lack of wisdom, it also adds up to conveying a totally wrong message to all terrorists and to the issue of terrorism". It is now up to President Kalam as to whether Afzal should live or die on October 20.
There are people who feel that Afzal must be given another chance to get justice for himself. Afzal’s family too has filed a mercy petition to the President. But does Afzal really have a case for himself? When asked why voices protesting Afzal’s death sentence (granted last year) were heard only this year, Geelani said: “We filed a review petition which was dismissed by the Supreme Court. Our campaign is for justice. You cannot establish someone’s guilt or innocence unless you give him a fair trial.”
However, none of those supporting Afzal have said it clearly that he is not guilty. Instead, they insisted Afzal has not been given a fair chance during the trial. But TR Kakkar disagreed with that. He said Afzal was given a fair chance by the trial court, High Court as well as Supreme Court and he was certain that the case is fit enough for the guilty to be hung.
Jethmalani said most people had wrong impressions about the clemency plea. He explained: “A petition to the President is not a mercy petition. It is a petition for justice, both legal and factual. In one of the cases, the SC (Supreme Court) held that even the finding of guilt by the SC does not bind the President and it is his right as well as his duty to look into evidence afresh and come to a conclusion. The President can declare that the man is not guilty and proceed to act accordingly".
But considering how politicians are treating the case, will not the President be accused of acting under political duress no matter what decision he takes? Jethmalani replied to that question by saying that he is bothered about media’s role in the matter. “Media should realise that justice in our country means justice according to law. It is a shame that the accused asks for the services of council and all the services were denied to the man because the lawyers did not have the moral courage to appear in an unpopular case".
But would he be willing to represent Afzal? Ram Jethmalani's reply: “I am afraid of public criticism. And people should know that the greatest triumph of justice is when a man is found guilty after the trial has been extremely fair and everything his lawyers could do has been done. First of all, he did not get the services of the lawyer he asked for".
The President will make the final call, but the debate on Afzal’s punishment will be played in the streets of Delhi and in political circles.
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