*Politics in Death Penalty*

*Rajindar Sachar***

*
*

*
*

*One had always heard perjorative remarks about politics and morality being
distant neighbors, notwithstanding the life long struggle by Gandhiji to
have some kind of connect between these. This was demonstrated with a
telling thud in the way Central Government has dealt with the case of Afzal
Guru a resident of J & K who was held guilty in attack on Parliament and
sentenced to death by the Supreme Court in 2005. The lower court thereupon
fixed 20th October 2006 as date of execution. However the wife of Guru
filed a mercy petition before the President who after giving personal
hearing to her, asked for some clarifications from the Home Ministry, which
was never sent.*

* *

*Guru had also in 2006 sent petition through the jail to the President. He
never   received   any   reply   to   this  application, but nevertheless
was*

*hanged on the morning of 9th February, 2013. Excepting for few officials,
none including the family of Guru knew of the impending execution. I am
personally against the death penalty, being follower of Gandhiji, J.P., Dr.
Ambedkar.  But even if we have death penalty, the manner in which hanging
has been carried out in this case certainly outrages principles of humanity.
*

* *

*I am also concerned with the low in politics where hanging of one person
becomes the subject of slinging match between two major political parties
Congress and B.J.P. For the last so many years BJP has ad-nauseam made the
issue of hanging of Guru as one of its major political strategy and to seek
to project the delay by the Congress government as antinational,
unpatriotic and most mischievously as a Muslim appeasement question.
Congress was upto now explaining the delay as an administrative question.
But it would appear that core group of Congress has now decided that it was
necessary to hang Guru to counter the challenge of B.J.P., because of the
proximity of General Elections to Parliament in 2014, and may be to advance
the date of Election  at  convenient date  in  2013.  So since a month back
Digvijaya Singh Congress General Secretary, suddenly and without any
provocation invited questions on TV on Guru and making a very pointed
statement demanding Guru’s hanging.*

* *

*Having so decided UPA Government went about Guru’s hanging in the vilest
of human Rights violations. No where in the world, where a modicum of rule
of law exists, can the government hang its citizen without informing his
family prior to it and allowing them to meet him. Human dignity of Guru was
violated by denying him this right. Government’s clumsy claim that a speed
post was sent on 7th February from Delhi to the family of Guru in J & K and
since the family did not contact the government, they went ahead with
hanging. Such a convoluted explanation will immediately invite the taunt
“Tell that to the Marines”. Admittedly letter was received by the family on
11th February, when Guru had already been hanged on 9th February. Can one
even imagine the deep permanent scar left on the family especially the wife
and small child.*

* *

*I have no doubt that there was premeditated decision by the Home Ministry
not to allow the family to meet Guru (because this would become public
knowledge) and presumably it will naturally result in some demonstrations
especially in J & K and Delhi. Admittedly Mr. Shinde, Central Home Minister
telephoned Omar Farouk Chief Minister of J & K a couple of days earlier
informing him of the decision to hang Guru and asking for his reaction –
Omar is stated to have raised no objection, but asked only to be told
earlier to the date of hanging. The further news report suggests that Home
Minister a few days later himself talked on phone to Omar and in the
accepted style of conspirators told him in code language that “the event he
had told him earlier will be done in a day or so”. What more proof is
required to show complete disregard for well established norms by the
government.*

* *

*This hush on the plea of security is laughable. No doubt there would have
been some demonstrations and protests, but so what - it is a normal feature
in democracies, unless it is the governments plea that its security
machinery is so incompetent that it could not deal with
demonstrations   by   angry    supporters    of     Guru    and  that  it
also apprehended a Navy Seal Expedition like done by USA government to
kidnap Osama Bin laden in Pakistan.*

* *

*Bonafide of governments intention to hang immediately is also being
questioned, considering that government knew that Supreme Court is still
examining the question that if there is delay of over 2 years in disposing
of the mercy petition, no execution should take place - in Guru’s case
delay is over 7 years – was not that enough reason to suspend hanging of
Guru in the meanwhile.*

* *

*The killers of Indira Gandhi were allowed to meet their family members
before hanging. Has the functioning of Central government become so sullied
that their own precedents have no relevance.*

* *

*Even now with all this inhuman and defenseless exercise, the central
government is refusing to return the body of Guru to the family. Both in
law and morality, the family is entitled to the body of Guru so that it can
be buried with all the usual religious ceremonies at a place of their
choosing, so  that  they can visit the grave like others can. No silly
prison rule to refuse the body to the family on the puerile excuse of
public disorder can be pleaded in defense. The government in order to
conceal its own illegalities, insensivity and violation of Human Rights has
got caught in its own web and succeeded in projecting Guru in death larger
than in life.*

* *

*The Central government should not muddy the situation any further. It has
already allowed itself to be cornered by B.J.P. in the communal cauldron,
inviting a legitimate comment that in the matter of belief in secularism,
the difference between B.J.P. and Congress is that between tweedledum and
tweedledee – the former being openly anti-secular and the later being also
the same but concealing it under a thin ice which dissolves at the altar of
electoral strategy.*

* *

*As an epilogue, should we not consider that instead of governments
repeating in future such nauseating violation of the Human Rights,  India
should follow the course of at over 140 countries which have agreed to
abolish the death penalty and have put a moratorium on any more hangings.*

* *

*Dated: 20/02/2013*

*New Delhi*

+++

-- 
Peace Is Doable

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