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| KILLERS OF HUMANITY AND CLEMENCY | | | S. Narinder Singh | 10/6/2011 10:09:18 PM |
| India is a largest democratic country in the world, where parliamentary form of Govt. exists i.e. federal in structure and unitary in character.
Three organs of Govt. i.e. legislature, executive and judiciary function independently. There is no scope of interference by any of the organs with the functioning of other. It is only the judiciary which has to judge the working of every organ of the Govt. It has to deal with civil, criminal and constitutional matters including disputes among two or more states. In our system of Govt. President is our constitutional head. President has been entrusted with vast power in theory but not in practice. There is a provision in our constitution that when a person or group of persons convicted with death sentence by the
apex court of the country they can file mercy petition for clemency to the president of India. President under article 72 of the constitution can grant pardon with aid and advice of the council of ministers as the president is not independent in granting or rejecting mercy petitions. Now terrorism has become a worldwide phenomenon and our country is not an exception to this menace. Many people are becoming victim of terrorism and are being killed daily in one or the other part of the country. Terrorism is destroying the peace and very peaceful living of the people of India. We have to be very strict in dealing with the killers of humanity. Religions and politics should not come in the way of punishment to the mass killers as terrorism has no religion. We all should be united to curb terrorism from the country which is responsible for the bloodshed of innocent masses. Religion and politics should not create hindrances in ensuring justice rather society as a whole should fight against the menace of terrorism and help the law and order enforcing agencies to curb terrorism and maintain peace in the country. Politicians and political parties should not interfere with the functioning of Judiciary. Rather they should help the authorities in dealing strictly and sternly against culprits and criminals who disturb and destroy the peace of society. For Politicians country’s interest should be first and foremost, for peaceful existence and prosperity of the nation. Our country is surrounded by external and internal threats like terrorism sponsored by enemy country and fundamentalist within the country who are bent upon to disturb and destroy the social fabric of the society. In our country Politicians and legislatures have started interfering with the judicial system and are creating hindrances in dealing with the criminals. Firstly they are the politicians who raise hue and cry when terrorists target and kill large number of innocent peoples on the dictates of their mentors across the borders. Now they are again the politicians who are demanding clemency for these inhuman and barbaric killers. What necessitated the Tamilnadu assembly to pass the resolution for reconsidering mercy petition by president of India for three convicts of former prime minister Mr. Rajiv Gandhi. Similarly, Punjab Govt. and the Punjabi politicians are demanding clemency for Mr. Bhullar who is facing gallows for 1993 bomb attack on M.S Bitta the then president of youth congress and others wherein a number of innocent persons lost their lives. Similarly Afzal Guru 2001 parliament attack convict attracted political support in Kashmir for granting clemency. There is too much political discrimination in our country because there was no reaction when Tamilnadu assembly passed the resolution for granting clemency in favour of three convicts of former Prime Minister Rajiv Gandhi’s assassination case. Similarly, no resentment was shown when Punjabi politicians, Punjab CM S. Parkash Singh Badal and former Punjab CM Captan Arminder Singh Supported the demand for granting clemency to S. Devinder Pal Singh Bhullar. I think there is nothing wrong when CM Omar Abdullah have come out in support of granting clemency for Afzal Guru 2001 parliament attack convict. Why the people and the opposition parties like BJP and Shiv Saina reacted on the statement of CM Omar Abdullah? why protest rallies were taken out against the CM. ?Where were the people and opposition parties when such support was extended by the Tamil nadu Assembly and Punjabi Politicians and Punjab CM to criminals? Politicians should not indulge in vote politics. However plea of the J&k CM and separatist leaders that if Afzal Guru is hanged there will be law and order problem in the State is not justified in any case. After all for what purpose the Govt. is there if it is unable to control the situation arising out of the punishment to Afzal Guru. Govt. is not there to support the terrorists. After all CM is administrative head. Sedition and war against the country will not be Tolerated rather would be dealt sternly and with iron hands. The Govt. soft approach in handling the terrorism is mainly responsible for the unrest in the country. It is because of the weak and lenient policy of the Govt. that former commander of the JKLF who himself is involved in the killing of four IAF offers at Srinagar who on the one hand condemned the recent blast outside the Delhi High Court which was meant to pressurise the Govt. of India to grant clemency for 2001 parliament attack victim Afzal Guru as claimed by HUJI militant outfit and at the same time Mr. Yaseen malik now chairman of the JKLF, held demonstration in Lal chowk on Friday the 30th Sept 2011 in support of granting clemency to Afzal Guru. He has also threatened to stepping up agitation against hanging of Afzal Guru. The resolution by Tamilnadu Assembly, J&K assembly, support by the Punjabi Politicians to Bhollar and Mumbai Terrorists attack convict Ajmal Kasab for granting clemency is merely to please Tamil’s, Kashmir’s, Punjabis and Pakistan. The vote politics should be stopped immediately in order to maintain the peace and Tranquility in the country. In our country circumstances should be kept in view while granting clemency to the convicts/criminals. The provisions of the clemency in the constitution were for the criminals other than the terrorists/mass killers. It has been generally observed that the terrorist who has been given death punishment by the highest court of the country apply for granting clemency to the president of India which are over delayed for years together in Rashtarpati Bhawan in taking decision to reject or grant pardon. Under the provision of the constitution the president again has to seek the aid and advice of union Govt. while taking final decision in the matter. The terrorists who believe in open massacre of the innocent people on the direction of the enemy country and separatists and fundamentalists forces when awarded death punishments by the highest courts of the country should be immediately dealt with accordingly because such antinational elements who are bent upon to destabilize the country do not deserve any concession Granting clemency to such creator of horrors means promoting and grooming terrorism which will ultimately lead to the destruction of the humanity as a whole. Rather amendments in the constitutional provisions should be made so that such brute, beast and barbaric killers of the humanity should not fall under the ambit of clemency. Till such amendments are made the president should immediately reject the mercy petition of the convicts. Today on the name of the democracy mass killers who have committed heinous crimes against the humanity are moving freely and getting special treatment in our country. This is not democracy but mockery of democracy. There are separatist’s forces who are fomenting communal hatred but at the same time taking undue favour/benefits by exploiting our democratic system. Do the killers of Taj Hotel, Parliament attack convicts, killers of innocent people outside the Delhi high court and Killers of Former PM Rajiv Gandhi deserve amnesty? Politicians are mainly responsible for creating wedge among the people by adopting different yard sticks in dealing with the criminals. We have to take in view the circumstances under which crime is committed. For example the persons who committed assassination of former PM of India Smt Indira Gandhi were not Terrorists. They were her two Trusted Sikhs security guards namely Satwant Singh and Beant Singh deployed at her official residence. Their action was due to hurting of religious sentiments of their community when their holy place of worship i.e. Golden Temple was attacked by Indian Army war tanks to flush out the militants from sacred place. Why the case of the killers of former PM Smt. Indira Gandhi was not consider for granting clemency as it was not preplanned rather a spontaneous reaction of the operation blue star. This attack could have been avoided by using other methods available with the Govt. like removing of water, electricity connections and stopping their supply line in order to bring them out of the religious place. Thus the purpose could have been achieved without hurting the religious sentiments of common masses. What happened when terrorists entered Hazratbal shrine in Srinagar, this sacred/religious place was never attacked with army tanks, rather the militants were given a safe passage and food with required calories. Why Govt. adopted different policies in dealing with similar situations? This was all politically motivated because much prior to the Blue Star operation Late Smt Indira Gandhi has raised a slogan, “Gharbi hatao”, from the country. She failed to achieve this goal. Moreover parliamentary elections were ahead and in order to divert the attention of the main opposition party of the country i.e. BJP and the people about her failures and to win the ensuing parliamentary elections in the country she allowed the situation to deteriorate in Punjab. She was a mute spectator when Sant. Jarnail Singh Bhindrawale and his followers started entering Golden Temple Amritsar with all arms and ammunition and blamed the Punjab Govt. for this entire situation. However, instead of blaming the Punjab Govt. the Govt. of India should have taken appropriate action timely and saved the grim and war like situation in Punjab. Moreover, madam Indira Gandhi also blamed Pakistan indirectly for the movement in Punjab. I heard the statement of madam Indira Gandhi on All India Radio saying that it is all due to the involvement of foreign hand and the BJP leader Mr. Atal Bihari Vajpayee in response to her statement said on A.I.R “when our own hands are weak only then foreign hands can enter.” The operation Blue Star lead to the uproar amongst Sikhs worldwide. Some Sikhs soldiers deserted the Indian Army, many Sikhs resigned from civil, administrative offices and few returned awards and honors they have received from Indian Govt. Four months after this operation i.e. on 31st oct 1984 when the former PM Smt. Indira Gandhi was assassinated by her two body guards more than 5000 innocent Sikhs were killed in anti Sikh riots encouraged by the few politicians. Instead of controlling the situation I have heard Mr. Rajiv Gandhi’s statement on Radio saying “When a big tree falls such side effects are bound to occur”, thereby exciting the masses to commit more heinous crimes against that community which has played an important role and scarified their lives for attaining freedom from foreign yoke. The most respectful community which commanded respect in every sphere due to their hard work, sincerity and patriotism became most suspected and doubtful due to follies of few person in the country. However, this community has started regaining their positions in different fields due to their hard work and sincerity. They have again won the confidence and trust of the nation. It is due to the wrong policies and vested interests of the politicians, communal harmony is effected and bad blood is being created among the brothers. Politicians are mainly to be blamed for chaos, confusion and devastation. They have started interfering with the judicial system by passing resolution for granting clemency in favour of terrorists, anti national elements and mass killers. This is a very wrong and dangerous trend which will ultimately promote the terrorism and destroy the social fabric of the society and very existence of the nation as a whole. Such criminals and killers of the humanity do not deserve any concession or laxity. Once they are caught they should be immediately punished as per the verdict of the highest court of the country. The President of India should only consider or entertain mercy petitions for clemency other than terrorists related convicts because the aim and object of the terrorists is to indulge in massacre of the masses and destabilize the country on the dictates of their mentors across the country. Moreover, Rashtarpati Bhawan should not cause undue delay in disposing of the clemency cases.
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