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| Amnesty to Rajeev Killers, sentenced to death TN assembly resolution sets wrong precedent | | | Yash Bhasin | 8/31/2011 9:43:02 PM |
| Grant amnesty to Rajeev Gandhi Killers, to please Tamils, to parliament attack convict Afzal Guru, to please Kashmiris, to Mumbai terrorists attack convict, Ajmal Kasab, to placate Pakistan? Then why were hanged Indra Gandhi assassins?
A Supreme Court Judge has advocated death penalty for honour killings and convicts of fake encounters as well as of custodial deaths. When actually sentenced to death, for these heinous crimes, there will be demand for amnesty to these convicts, to please Khap Panchyats, the police and army. All this will open a Pandora's Box The Tamil Nadu State assembly has set a very wrong precedent, by adopting a resolution, urging the President of India to reconsider her decision to reject the mercy plea of Rajeev killers and seeking amnesty for them. This will definitely encouraged the Kashmir centric and separatists and terrorist friendly political parties and their members in J&K Assembly to move a similar resolution in the state assembly, pleading the President to reconsider her decision to reject the mercy plea of Afzal Guru, sentenced to hanging till death. Once resolution to this effect is moved in the J&K assembly, the same is all set to be passed, since the members belonging to the political parties advocating soft line towards the terrorists are in majority in the assembly.
Already the main opposition party, the PDP has pleaded for review of the President's decision, rejecting mercy plea of Afzal Guru, advocating amnesty to him, to spare fresh violence and trouble in Kashmir. The ruling NC too has reacted on identical lines and the Chief Minister, Omar Abdullah has expressed apprehension of hard earned semblance of peace and normalcy restored in the valley.
Once such resolution is passed in J&K assembly, some parties in the Punjab State Assembly will be tempted to seek the govt of India's apology for hanging the assassins of late Prime Minister Indra Gandhi and also seek amnesty for the killers of Former Punjab Chief Minister Beant Singh. In turn, it will provide an alibi to Pakistan to demand amnesty to Ajmal Kasab, the lone surviving attacker of Mumbai terrorists strike, who is awarded death sentence. Such plea will be made from Pakistan, in the interest of Indo-Pak friendship. Besides opening flood gate for similar moves and providing encouragement to enemies of the country, it will divide the country on regional and ethnic lines.
The Madras High has committed an error of judgement in granting eight weeks stay to the execution of killers of Rajiv Gandhi, whose mercy plea has been already rejected by the President and who were scheduled to be hanged on September 9. The Division Bench of Madras High Court has put 8 weeks stay on their hanging, questioning the delay of 11 years in disposing off the mercy petition of the convicts. While govt of India is answerable for such long delay, which has provided a plea to the Defence Counsel of the convicts to death sentenced, it puts a question mark on the Central Govt's action in taking a very long time in disposing off the mercy plea of Afzal Guru.
The main Defence Counsel of the Rajeev Killers, sentenced to death penalty, Ram Jeth Mililani, a BJP member of Rajya Sabha, has put the BJP in Defensive and caused embracement to the party. The BJP will be vulnerable to the charge of double speak. While pleading for stern action against those indulging in terrorist acts and waging war on the country, a Rajya Sabha member of the party defending the culprates, using his professional skill for protecting the enemies of the country against meeting justice.
While retaining the provision for capital punishment in rarest of rare cases, as have been all above mentioned ones or abolishing the same in democratic country like India, is a matter of debate and needs be thoroughly discussed taking in view all its pros and cons, but so long as this punishment is providing in the legal course, the same should be left to the judgement of the judiciary. Already there is ample scope for the convict to appeal against the verdict of the trial court to the High Court and against that of High Court to the Supreme Court and after the Supreme Court upholds the decision of death sentence, the course left is to appeal to the President of India for mercy. The latter goes by the advice of the Union Home Ministry in the matter.
After all these avenues of checks and balances are exhausted, there should be no second thought about implementing the final verdict and executing the convict.
Although Tamil Nadu Assembly resolution is not binding on any institution, as stated by the Union Law Minister, Salman Khurshed, yet a wrong and highly dangerous precedent has been set. Seeking review of judicial verdict and challenging president's discretion, prompted by the vote bank politics will open the flood gate for the fissiparous forces in the country.
The UPA ally DMK and its Chief Kruna Nidhi has put the Congress and the UPA govt in an awakened situation by pleading for amnesty to the killers of late Congress leader Rajeev Gandhi, while the TN Chief Minster Jai Lalita's plea on identical lines and AIADMKA members supporting the resolution in the state assembly, have put a question mark on the party's commitment to national unity and upholding the rule of law. |
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