Kashmir Times
September 29, 2006

Editorial

Retrace suicidal step
Afzal Guroo's hanging will be counter-productive

The black warrant issued by a Delhi court for 
hanging of Afzal Guroo In Tihar jail on October 
20 has naturally hurt the Kashmiri psyche with 
spontaneous protests rocking the Valley for the 
last three days. The announcement has not only 
caused widespread anger in the troubled Valley 
but has also contributed in bringing the peace 
process in reverse gear. S.A.S Geelani, who was 
falsely implicated in the Parliament attack case 
articulated the feelings of an average Kashmiri 
when he accused New Delhi of "going ahead with 
the hanging of another innocent Kashmiri". 
Whether Guroo was innocent or not is not very 
material. What makes the decision to hang him at 
this juncture is indeed most unfortunate. In no 
case it is in tune with the ongoing peace 
offensive and is bound to heighten the tension 
instead of bringing peace and a conducive climate 
for pursuing the dialogue process. The 
announcement has only added fuel to the fire. 
Apart from the announcement it is the timing of 
the hanging of Guroo, which comes not only during 
the holy month of Ramzan but also on the 
auspicious day of the last Friday of the holy 
month, that has been the cause of provocation. 
Paradoxically, when the common people were 
looking for ceasefire during the month they 
received the shocking news of the hanging of one 
of their compatriots. Not only the very judgement 
and capital punishment awarded to the accused in 
the Parliament case have been questioned what 
makes it more unfortunate is its very timing and 
the manner in which it is being done. Instead of 
healing the wounds and providing a healing touch 
to the hurt Kashmiri psyche the announcement has 
caused further wounds with the entire Valley on 
the verge of a massive explosion of anger.
Around four hundred years ago Shakespeare spoke 
through Portia, in his famous drama, The Merchant 
of Venice, that it is "twice blessed when mercy 
seasons justice". One is naturally reminded of 
this Shakespearean saying when the judicial 
verdict is pronounced in the case of Mohammed 
Afzal. A death sentence, as Gandhiji wrote to the 
Viceroy, Lord Irwin on the eve of Bhagat Singh's 
hanging, is not an irrevocable punishment. 
Without going into the fairness of the judicial 
pronouncement convicting the accused, one will 
question the decision -- if it is so decided -- 
to implement the judicial decision. What larger 
political and social good will his hanging result 
in? A few have been already killed and one more 
may be killed on the 20th. Then, what? Many, in 
the past, have been so killed in lawful 
reprisals, but have these succeeded is bringing 
down the number of those killed annually? 
Besides, how can one ignore the political 
backdrop against which this hanging may be 
carried out. Government of India is in the midst 
of talks with Pakistan and Kashmiri separatists 
for a satisfactory settlement of the dispute. It 
will, indeed, be a great day for both Kashmir and 
the rest of the region when the Kashmir dispute 
is settled and real peace dawns in the valley. 
Will this hanging accelerate or retard the 
on-going peace process? Both the separatist 
leaders and the agitations in the valley against 
this judicial sentence make it amply clear that 
the hanging will have a disastrous effect on the 
peace process. Then, why go ahead with it, 
mainly, to demonstrate Indian machismo? Over two 
decade ago New Delhi carried out a similar 
punishment in the case of Maqbul Bhat. What was 
the result? India behaved as if they had killed a 
murderer, but the Kashmiris received a martyr. By 
hanging Afzal India shall be only handing over to 
them another inspiring martyr, virtually, on a 
silver platter. Is it what it wants? New Delhi is 
imploring the Pak government to have mercy on 
Sarabjit Singh, in the interest of Indo-Pak peace 
and Musharraf has wisely reserved his power of 
pardon, so far. Then, why should India 
demonstrate its efficiency and determination by 
going ahead with another killing.
Let New Delhi pause and think over the social and 
political consequences of the step that the 
judiciary has allowed it to take. None has forced 
the ultimate authority to go according to the 
dotted lines. This indeed, is the time when the 
President can and should exercise his own 
judgement and decide in the best interest of the 
country. In January 1946 the trial court at Red 
Fort sentenced the three I.N.A. heroes, Shanawaz, 
Saigal and Dhillon to death. Seeing the mood of 
the nation and of the Indian army Gen. Auchinlek 
recommended mercy for them and within a couple of 
days the King pardoned all the three and released 
them into full freedom. It is for such use that 
the head of almost every state is equipped with 
the power of pardon and we believe that this is 
an occasion when it should be used. The state 
Chief Minister Ghulam Nabi Azad has also 
reportedly asked the President to accept the 
mercy petition of Guroo's family. PDP and CPI-M 
too have urged for a review saying that Afzal's 
hanging it will only add to the people's 
alienation. Even the opposition National 
Conference has urged New Delhi to review the 
decision to hang Guroo. In a statement Omar 
Abdullah pointed out that many people have been 
killed or hanged "but the Kashmir issue has 
remained unresolved so far". He said that the 
situation in the Valley has determinated with 
every death and the steps of making peace process 
would turn out to be futile in such a situation. 
New Delhi must take note of the popular 
sentiments in Kashmir and listen to the voice of 
reason.


o o o

Kashmir Times
September 30, 2006

FROM RAMZAN GOOD-WILL TO BELLIGERENCE
by Anuradha Bhasin Jamwal

For the last several weeks, there was a feeling 
that this Ramazan may prove to be a turning point 
in the Kashmir conflict. Three days after the 
fasting month began, there were no doubts about 
this prediction. The only difference is that 
prior to the beginning of Ramazan, it was 
optimism and a positive change that one was 
expecting. A Delhi high court, in the Delhi 
parliament attack case, has decided that the 
prime accused Afzal Guroo be hanged to death on 
October 20. The verdict throws up an unexpected 
situation that is not just shocking but 
outrageously dangerous, mostly for the simple 
reason that it transforms a purely optimistic 
atmosphere, that could have paved way for 
friendship and flexibility, into one of absolute 
despair, where everything is closing down to this 
new found rigidity.
An indication is the massive protests in the 
Valley and renewal of violence in a month that 
was expected to scale down the level of violence. 
The spontaneous protests reflect the anger, shock 
and frustration. The reasons are not only the 
execution, which itself is unjustified, whatever 
the nature of accusations against Afzal. While 
capital punishment itself is something that 
cannot be justified, it is strange that a country 
that pleads the case of Sarbajeet Singh in 
Pakistan would take pleasures in sending Afzal to 
gallows. Whether one sees the case in the light 
of 'one man's terrorist being another man's 
freedom fighter' or outside it, there can be no 
means to justify the death penalty since evidence 
does not point to Afzal's direct involvementÿin 
the parliament attack case itself.
But more important is the timing of announcing 
the date of execution. The execution verdict was 
already clear some months back. It is the 
fixation of date of sending Afzal to gallows that 
raises eye-brows. The announcement comes at a 
time when Kashmiris had been eagerly waiting for 
the much speculated cease-fire. After months of a 
disillusioning peace offensive that had begun to 
break the optimism of the people in a dialogue 
which never really took off and confidence 
building measures, which never saw the light of 
the day but for the rolling of buses between 
Muzaffarabad and Srinagar, an atmosphere of high 
hopes was once again being built up. Obviously 
the last few months of a peace offensive between 
India and Pakistan failed to bring any kind of 
official response on the major demands like 
demilitarization, withdrawal of troops, release 
of prisoners and repeal of Armed Forces Special 
Powers Act that legitimises violence in the 
state. Yet, despite all the inaction, growing 
disillusionment and alienation of the people, 
reports of a probable announcement of ceasefire 
during this holy month of Ramazan had once again 
inspired hope. Though there was no commitment 
from the official side, barring chief minister 
Ghulam Nabi Azad's sole hint dropped a fortnight 
ago, story after another, quoting official 
sources had begun to appear in the print media. 
This was first met by the kind of skepticism that 
should naturally come as part of a process of 
disillusionment to the so-called peace offensive. 
But gradually it began to renew hopes, a sign 
that was doubly positive, not because it 
reflected the people's faith in a peace process 
but also because ceasefire, of not any kind of 
withdrawal of troops, was a long desired 
component of confidence building measures. What 
strengthened the faith was also the flexibility 
of the Hizb-ul-Mujahideen coinciding with these 
reports about Ramazan ceasefire and HM's reported 
decision to consider any offer of ceasefire, if 
made by New Delhi. It manifested that back 
channel diplomacy had been at work for sometime 
on the issue, thus inspiring hope and optimism 
once again, and breathing back some life into the 
peace offensive.
However, on the third day of the holy month of 
fasting, the anxious wait for the moment was over 
with the court decision on announcing Afzal's 
hanging on October 20, which incidentally does 
not only happen to fall during this month of 
Ramazan but specifically on Jumait-ul-Vida (last 
Friday before Eid), considered one of the most 
auspicious days during this fasting period. The 
date invokes not just surprise but shock, rather 
horror. Neither the Indian state, nor the 
judiciary could have been so naÐve as not to 
understand the dynamics of the importance of 
religious sentiments, which if added to 
sentiments of an already hurt pride and dignity 
can simply spell disaster. Besides, they are a 
horrendous example of the double standards of 
play, of balancing out a ceasefire attack with a 
death verdict. What is the message being sent to 
the Kashmiris? Not simply one of belligerence and 
rigidity.
One needs to understand this new development in 
the backdrop of dynamics of a wounded psyche and 
an atmosphere of skepticism. The peace offensive 
between India and Pakistan that started over two 
years ago renewed hopes of the people in Kashmir 
but ever since with not much systematic effort 
having been made on the ground, the stray moves 
coupled with beautiful sounding rhetoric has 
turned out to be the case of one step forward, 
two steps back, with any gesture or even words of 
benevolence being followed by unprecedented 
rigidity. Every time this happens, the level of 
skepticism increases and this particular incident 
has shot it up once again. This is particularly 
dangerous in Kashmir scenario where any bout of 
disillusionment and skepticism is gradually not 
just becoming irreversible but also matched by an 
equally potent process of radicalization, also in 
keeping with a globalised process. When India's 
belligerence matches the global belligerence, the 
shift of the once secular Sufi Kashmir to the 
other side is but natural.
This process is dangerously, gradually becoming 
irreversible and the perils thereof, need to be 
taken into account fully for a more sincere 
approach to the Kashmir case. Still, everything 
is not lost; Guroo is likely to file for a mercy 
petition. While this can be accepted and his 
sentence commuted to something less severe, the 
government can also begin spelling out the 
ceasefire that it has so successfully hyped 
through the media. These steps for starters, 
alone can undo the harms and dangers of the 
suicidal blunder that New Delhi seems to have 
embarked on vis-a-vis Kashmir.

_____



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