"In the High Court one human rights lawyer offered to represent Afzal and
my husband accepted. But instead of defending Afzal the lawyer began by
asking the court not to hang Afzal but to kill him by a lethal injection.
My husband never expressed any desire to die." who is this advocate ?
Afzal Guru’s Wife’s Letter: An Appeal that Remained
Unheard<http://www.indiaresists.com/afzal-guru-wifes-letter-an-appeal-that-remained-unheard/>

Kashmir Times

21 October 2004

A Wife’s Appeal for Justice

I am the wife of Mohammad Afzal, the man accused of conspiring to attack
the Indian Parliament on December 13, 2001. Afzal has been condemned to
death by the Sessions Court Judge, S N Dhingra and his death sentence has
been confirmed by the Hon’ble High Court of Delhi. Now the case has come up
before the Hon’ble Supreme Court of India.

All over India people have condemned the attack on Parliament. And I agree
that it was a terrorist attack and must be condemned. However, it is also
important that the people accused of such a serious crime be given a fair
trial and their story be fully heard before they are punished. I believe
that no one has heard my husband’s story and he has so far never been
represented in the court properly.

I appeal to you to hear our story and then decide for yourselves whether
justice has been done. Afzal and my story is the story of many young
Kashmiri couples. Our story represents the tragedy facing our people.

In 1990 Afzal was attracted to the movement led by the JKLF, like thousands
of other youth. He went to Pakistan for training and stayed there for a
little while. However, he was disillusioned by the differences between
different groups and he did not support pro-Pakistani groups. He stayed
there only three months without getting any training. Afzal returned to
Kashmir and he went to Delhi to pursue his studies. He always wanted to
study and before he joined the movement he was doing his MBBS.

My husband wanted to return to normal life and with that intention he
surrendered to the BSF. The BSF Commandant refused to give him his
certificate till he had motivated two others to surrender. And Afzal
motivated two other militants to surrender. He was given a certificate
stating that he was a surrendered militant. You will not perhaps realise
that it is very difficult to live as a surrendered militant in Kashmir but
he decided to live with his family in Kashmir. In 1997 he started a small
business of medicines and surgical instruments in Kashmir. The next year we
were married. He was 28 years old and I was 18 years.

Throughout the period that we lived in Kashmir the Indian security forces
continuously harassed Afzal and told him to spy on people they suspected of
being militants. One Major Ram Mohan Roy of 22 Rashtriya Rifles tortured
Afzal and gave him electric shocks in his private parts. He was humiliated
and abused.

The Indian security forces used to regularly take Afzal to their camps and
torture him. They wanted to extract information from him. One night the
Indian security forces came to our home and abused all of us and took away
Afzal to their camp; another time he was taken to the STF (State Task
Force) camp Palhalan Pattan.

Some days later they took him to the Humhama STF camp. In that camp the
officers, DSP Vinay Gupta and DSP Darinder Singh demanded Rs one lakh. We
are not a rich family and we had to sell everything, including the little
gold I got on my marriage to save Afzal from the torture.

Afzal was kept in freezing water and petrol was put into his anus. One
officer Shanti Singh hanged my husband upside down for hours naked and in
the cold. They gave electric shocks in his penis and he had to have
treatment for days.

You will think that Afzal must be involved in some militant activities that
is why the security forces were torturing him to extract information. But
you must understand the situation in Kashmir, every man, woman and child
has some information on the movement even if they are not involved. By
making people into informers they turn brother against brother, wife
against husband and children against parents. Afzal wanted to live quietly
with his family but the STF would not allow him.

You should also know that the STF force is notorious in Kashmir for
extorting money from the people and they have become so infamous that when
Mufti Sayed became the Chief Minister he promised in his election manifesto
to disband the entire force. The STF is known for human rights violations
including killing people in their custody and brutal, senseless, inhuman
torture.

It was under these conditions that forced Afzal to leave his home, family
and settle in Delhi. He struggled hard to earn a living and he had decided
to bring me and our four-year old son, Ghalib, to Delhi. Like any other
family we dreamed of living together peacefully and bringing up our
children, giving them a good education and seeing them grow up to be good
human beings. That dream was cut short when once again the STF got hold of
my husband in Delhi.

The STF told my husband to bring one man Mohammad to Delhi from Kashmir. He
met Mohammad and one other man Tariq there at the STF camp. He did not know
anything about the men and he had no idea why he was being asked to do the
job. He has told all this to the court but the court chose to believe half
his statement about bringing Mohammad but not the bit that he was told to
do so by the STF.

There was no one to represent Afzal in the lower court. The court appointed
a lawyer who never took instructions from Afzal, or cross examined the
prosecution witnesses. That lawyer was communal and showed his hatred for
my husband. When my husband told Judge Dhingra that he did not want that
lawyer the judge ignored him. In fact my husband went totally undefended in
the trial court. When ever my husband wished to say something the judge
would not hear him out and the judge showed his communal bias in open court.

In the High Court one human rights lawyer offered to represent Afzal and my
husband accepted. But instead of defending Afzal the lawyer began by asking
the court not to hang Afzal but to kill him by a lethal injection. My
husband never expressed any desire to die. He has maintained that he has
been entrapped by the STF. My husband was shocked but he had no way of
changing his lawyer while being locked up in the high security jail. It was
only after the High Court judgement was pronounced he got to know about the
way the lawyer had represented him. Afzal refused to accept the same lawyer
for his appeal in the Supreme Court. I had no way of getting Afzal a
lawyer. I do not know anyone in Delhi. Finally Afzal wrote to the Defence
Committee set up for Mr Geelani. I am annexing his letter. And the Defence
Committee helped Afzal to get a senior lawyer, Mr Sushil Kumar. However,
the Supreme Court cannot go into the evidence and so I do not know what
will happen.

I appeal to you to ensure that my husband is not condemned to death and he
is ensured a fair trial. Surely your conscience will not allow you to be a
party to the death of a fellow human being who has not been represented in
the court and who has not had a chance to tell his story? The police have
made him falsely confess before the media even before the trial started.
They humiliated him, beat him, tortured him and even urinated in his mouth.
I feel deep shame to talk about these things in public but circumstances
have forced me. It has taken a lot of courage for me to put all this on
paper but I do so for the sake of my child who is now six years old.

Will you speak out at the injustice my husband has faced? Will you speak
out on my behalf? I am of course fighting for my husband’s life, for the
life of my son’s father. But I also speak as a Kashmiri woman who is losing
faith in Indian democracy and its ability to be fair to Kashmiri Muslims.

*Tabassum

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