'Afzal's hanging an act of political expediency'


New Delhi, Feb 9 (IANS) The government Saturday was accused by some jurists of hanging Afzal Guru on account of political expediency as it was finding itself on the backfoot on issues of national security and law and order.

"He (Afzal Guru) was hanged not for his role in parliament attack but because the BJP has put the government on the backfoot on the question of national security and crime situation," said Yug Mohit Chaudhary, senior counsel at the Bombay High Court.

Delivering the Second Shahid Azmi Memorial Lecture at the Indian Law Institute, Chaudhary wondered why Guru was hanged just before the budget session of parliament quite like Ajmal Kasab, a Pakistani terrorist held guilty in the Mumbai terror attack, who was hanged before the winter session of the house.

"Afzal Guru was hanged on the eve of the budget session of parliament. Same had happened in the case of Kasab", Yug Mohit Chaudhary said, pointing to the manner in which the government allegedly flouted all statutory provisions in his hanging.

Speaking on the subject 'Capital Punishment: An Agenda for Abolition', Chaudhary said there has to be a gap between informing the death convict of the rejection of his mercy petition and actual carrying out of the sentence so that he could exercise the option of seeking any available judicial remedy.

Claiming that Guru was not given an opportunity to meet his wife and child and his family too was not informed about the decision to hang him, Chaudhary wondered if we were living in a police state.

He said every person has a right to judicial remedy till his last breadth. He cited instances in the past when just a day before their hanging convicts got reprieve from the top court.

Opposing the death penalty, the senior counsel said: "Judiciary is error prone as any other institution in the country."

He cited several instances to drive home his point. He said that even the apex court admitted that the doctrine of rarest of rare case for awarding death sentence was subjective and arbitrary.

Senior counsel Vrinda Grover, who presided over the function, responding to a query said that Afzal Guru faced the trial without the assistance of a defence counsel as he was told that the eight names that he had given to represent him in the trial had declined to appear for him.

Grover said that Guru told the court that the junior lawyer that was assigned for his defence was not acceptable to him.

Grover said the junior lawyer, who appeared for him, did not have the number of years of practice to entitle him to be on the panel of legal aid.

The meeting passed a resolution condemning the manner in which Guru was hanged in secrecy in breach of all rules and regulations.

Rights group People's Union for Civil Liberties (PUCL), in a statement, said that the "tearing hurry with which Afzal Guru was hanged, accompanied by the flouting of all established norms by not giving his family their legal right to meet him before taking him to the gallows, clearly indicates that there were political considerations behind taking this step".

"The PUCL feels that starting with Kasab, now with Afzal Guru, the country is going to witness a spate of executions. We give a call to the nation to break this spiral of executions," it said.

 

  

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Comment on this article

  • Jayarama, Udupi/Riyadh

    Sun, Feb 10 2013

    Congress has been in a catch 22 situation after Shide’s prank of “BJP and RSS is running Terrorist Training Camps coloring it as Saffron and addressing most wanted terrorist as Hafeez Saeed Saheb”. The statement met with wrath of Hindus all over, and even within the party but was applauded and appreciated by Pakistan in general and Hafeez Saeed in particular. To correct the act and pacify the anger of Hindus and score a political mileage they came up with the idea of hanging Afzal. On the eve of Gujarat elections to score a political mileage they did hanged Kasab. Whatever the motto of the Congress has, by default they are doing the right thing now a days and which is totally in line with BJP’s demand. These acts may meet the wrath of the sympathizers of the frenzy elements and they may lose some of their traditional votes also.

    DisAgree [2] Agree [1] Reply Report Abuse

  • Ryan Pinto, Mangalore

    Sun, Feb 10 2013

    BJP has a deep psycological problem, when Afzal Guru was alive, there was an issue, now he's dead, they ask, why the delay, why cases of Bhullar and the other sikh and Rajiv Gandhi killers on death row not expedited during their reig upto 2004.

    DisAgree Agree [5] Reply Report Abuse

  • Raghu Poojary, Mangalore

    Sun, Feb 10 2013

    Jeevan Mangalore, why do you mess up with only Akbar and Anthony's why don't you mess up with Amar's also? they are just giving their views as they feel the way you give so why do you have to be against is it just because they are minority? whatever we comments over here it is just a waste of time and nothing else so why fight?

    DisAgree Agree [6] Reply Report Abuse

  • SRIDHAR SHETTY , DOHA /BARKUR

    Sun, Feb 10 2013

    He may be Amar or Akbar or Anthony ,if he he involved in terror activity than he is terrorist.there should be zero tolerance.All three should be hanged.national security and peace is very important.

    DisAgree [3] Agree [1] Reply Report Abuse

  • M S Sheik, Mangalore/Dubai

    Sun, Feb 10 2013

    @jeevan,

    With all due respect to your democratic views, are we seeing a great governance of BJP in Karnataka? Everyone is leader in BJP, fighting for power, and no one has respect for high command ,and off course this is not dynasty politics.

    DisAgree [1] Agree [7] Reply Report Abuse

  • Gladson, Brahmavar

    Sun, Feb 10 2013

    I am in full conformity with the thoughts expressed by Shashi Shetty. News channels should be given clear directives of 'what not to speak' about these sensitive cases. We had the home minister of the country explaining the judicial process that was followed after the President had rejected the mercy plea. That's it. We trust the integrity of our home minister and believe in the highest judiciary Supreme Court. He was given a fair trial, legal aid, protection and his basic human rights and dignity were honoured till the end. Justice delayed is justice denied, they say. But for me justice hurried is justice denied too. Except a few brainwashed individuals and a few self-centred parties and organizations, no one in the world can point a finger against India citing that Afzal Guru or Kasab were not given fair trial. In the last couple of months two most dreaded terrorists who waged a war on India and questioned its sovereignty have been put to death. Despite the inefficiency in handling such cases, the judicial delays and even the political leaders' constant penchant for playing to the gallery, it was ultimate victory for Indian Indian democracy. No mockery of life was made nor was anyone given opportunity again to use the loopholes of the judiciary and postpone death sentence. UPA top-brass consisting of PM, the home minister, the home secretary and also the President of country have proved their credentials as real statesmen. Even the leaders of opposition Sushma Swaraj and Arun Jaitley must be applauded the way they have restrained from speaking unnecessary about. This goes on to prove that despite the ideological differences and political compulsions, the top brass of both Congress and BJP are people of integrity. They know to conduct themselves in crucial and sensitive situations. This is not the time to question why there was delay, why now, why not before but to feel proud of our democratic set up that has been the ultimate winner.

    DisAgree Agree [6] Reply Report Abuse

  • B. Rebello, Mangalore

    Sun, Feb 10 2013

    ABSURD STATEMENT FROM THE LAWYER, THAT AFZAL GURU WAS NOT GIVEN ENOUGH NOTICE OF HIS HANGING !!!.

    I WANT TO KNOW HOW MUCH NOTICE DID AFZAL GURU GAVE TO HIS VICTIMS WHO HAD TO SACRIFIECE THEIR LIVES IN DOING THEIR DUTY ?

    AFZAL GURU WAS A TERRORIST AND JIHADI SO IT SHOULDNT MATTER TO HIM DYING FOR HIS FANATIC CAUSE AS HE IS GUARANTEED TOP HEAVEN FOR HIS DEEDS!!!

    BUT THOSE POOR PARLIAMENT GUARDS DID THEY EVEN HAVE AN OPPORTUNITY TO BID GOOD BYE FROM THEIR LOVED ONES ?

    THESE LAWYERS WANT THE CASES TO GO ON FOR EVER BECAUSE THATSHOW THEY MAKE THEIR MONEY BY ARGUING AND PROOVING THE GUILTY AS INNOCENT.

    SHAME ON THEM !!!

    DisAgree [2] Agree [17] Reply Report Abuse

  • jeevan, mangalore

    Sun, Feb 10 2013

    Jude, Mangalore Dubai

    Yatha Raja Tatha Praja'." but we cant curtail the freedom of speech as well as censorship...
    Yes i and sure same thing was happended in homestay attack case...

    DisAgree [10] Agree [4] Reply Report Abuse

  • jeevan, mangalore

    Sun, Feb 10 2013

    M S Sheik, Mangalore/Dubai

    Mr. Sheikh problem is not with BJP and due to vote bank politics (congi )In democraic set of BJP party every one has right to express their views but in dynastic rule we must shut our mouth..

    DisAgree [15] Agree [6] Reply Report Abuse

  • Jude, Mangalore Dubai

    Sun, Feb 10 2013

    I agree with Sashi Shetty. The inefficiency of our news channels and the so called investigative journalists is fully exposed here. After the incident or event these guys are harping on it and giving their crazy opinions and one channel is trying to out beat another by claiming to give us breaking news. This is not breaking news but utter stupidity. If any one of these journalists had good investigative powers and sound contacts then they would have known of the hanging much before it took place and that would have been real breaking news, as it happens in the west. How can you call the reporting of the hanging breaking news after the government has made an announcement.These crazy anchors call in guests and bombard them with silly questions without giving anyone who disagrees with them an opportunity to explain his/her point of view.Over all this is just C grade entertainment and not news and our channels can be described as the worst channels in the entire universe as they are biased towards one party or the other and never convey a neutral opinion.

    DisAgree Agree [11] Reply Report Abuse

  • Krishna Kant, Mangalore/Moodbidri

    Sun, Feb 10 2013

    jeevan, Mangalore, you are like a 2 head snake...the way afzal said Congress as 2 face and was hoping NDA to come in power and Advani or Modi become a PM so that it is easy for him or for more of them to escape from prison the way it had happened in past during NDA tenure. Yug Mohit Chaudhary why are you worried? he was a terrorist he got what he deserved.

    DisAgree [5] Agree [16] Reply Report Abuse

  • Michael, Mulky/San Fransisco

    Sun, Feb 10 2013

    Every one feels bad when some one dies whether by hanging or natural death. It is very human also to feel bad for his family and children. But what about the families of those who died because of activities on that day. Also what if he was killed by police on that day? 'Jo galat karega woh bharega bhi' whether terrorism, murder, theft or any crime. I am sure Govt knows what it is doing and dont make an issue out of it.

    DisAgree [3] Agree [6] Reply Report Abuse

  • Shashi Shetty, Santhoor

    Sun, Feb 10 2013

    Proper official spokesperson who give a authentic news under the direct supervision of the Judiciary, President and any other accountable organization is a need of the hour. These private 24 x 7 Televisions playing to the gallery to increase their TRP is actually creating lots of confusion in the Judiciary and dividing the country int 2 for and against. This is also creating hardship for the governance. News what we read or hear must be real and not a assumed to the whims and fancy of a journalist who is making a career out of real and false news. Especially a high profile cases like these- it is better the public hear the truth from the Judiciary as in what have they found , what are the evidence on him etc than we hearing from the police, journalist or even any wings of the society who can always be partial. Moreover, we must also stop this hysteria of distributing sweets when someone is hanged,.. though the law takes it's action for a any individual's action.. he or she are the children of parents, parents of some children, spouse of somebody. Lets us be a more matured society. I have no choice to trust the supreme court of India and accept the judgement meted on Mr. Afsal Guru. I am novice to make any judgement of my own on his credentials.. for me it is just another life lost and I pray may his soul rest in peace. If he is a culprit i pray let his soul repent on it if he is a innocent as some section of society feels .. may his soul forgive us.

    DisAgree Agree [18] Reply Report Abuse

  • Sunil , Karkala

    Sun, Feb 10 2013

    Jeevan, just the other day you were saying that Congress hanged because your sardar Modi marched to Delhi. I think that the most 'honest' answer.

    DisAgree [7] Agree [10] Reply Report Abuse

  • Sunil, Mangalore

    Sun, Feb 10 2013

    @Avinsash, Mangalore

    I totally agree with you. Well said

    DisAgree [2] Agree [6] Reply Report Abuse

  • M S Sheik, Mangalore/Dubai

    Sun, Feb 10 2013

    @Jeevan,

    BJP had problems when Afzal was alive and problems again when he's dead. Congress can still proudly flaunt of completing unfinished business of old NDA regime.

    Congress is cleaning it's backyard before 2014 and BJP is still living in chaos of leadership/agenda/internal conflicts.

    DisAgree [9] Agree [28] Reply Report Abuse

  • Paul D' Souza, Chakala,Muscat

    Sun, Feb 10 2013

    your honour,what wrong had done the parliament security persons who lay their life for my family & ur family without thinking their own families fate?

    DisAgree [2] Agree [13] Reply Report Abuse

  • M S Sheik, Mangalore/Dubai

    Sun, Feb 10 2013

    The Hanging of Afzal Guru has virtually shut the doors for BJP. They have to re-draw the agenda to counter UPA in 2014. May be they would re-surface the babri masjid issues or may be keeping Rajiv Gandhi's killers alive? ( I hope they not because the culprits here aren't minorities). Sushil Shindey can walk with his head high above his shoulders.

    DisAgree [4] Agree [15] Reply Report Abuse

  • Avinash, Mangalore

    Sun, Feb 10 2013

    Dear Yug Mohit Chaudhary, Please note that when Afzal Guru had planned to kill so many people in parliment, he didnt not come and informed any Jawan's family that he going kill their husband's father n all. Why you worried about this terrorist and his family when they were not worried about sincere officer's and their family? You were understood this pain if your family was victim of this attack. You are Judge of High court so do not mix Politics in judgement.

    DisAgree [6] Agree [37] Reply Report Abuse

  • jeevan, Mangalore

    Sun, Feb 10 2013

    Congress must answer to nation honestly...

    DisAgree [42] Agree [10] Reply Report Abuse

  • ISMAIL.K.PERINJE, PERINJE-YANBU/KSA

    Sun, Feb 10 2013

    There are no medicine for finding fault with for every actions.If terrorist hanged problem if not, also a problem!Pulse of the nation should be taken in to consideration when we are dealing with the issue like terrorism.'With out fire there is no smoke'rest is all technical flaws.Issues of Guru and Kasab used for political mileage when they were kept in the jail, then where were these legal experts? Criticism and definitions of actions will be there for own convenience which should be neglected.

    DisAgree [7] Agree [61] Reply Report Abuse


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