Iam neither a Lawyer nor a politician,but just an activist for working on various social issues specifically dedicated for RTI.I had been keenly watching the proceedins because the Attack Wason Our Parliament.Thereforefew points/question were always in my mind. 1)Was Afzal the Actual culprit? 2)Was the proof against him were sufficient to prove him as a Culprit? 3) Moreover,why Afzal should not file the mercy petition? 4) Above all,why the Hon'ble Home Minister made such astatement,which was false and un-true,specically when he is genious and very popular for his honesty. Your's etc, N.N.Kalia
On Mon, Aug 17, 2009 at 4:03 PM, Col NR Kurup<[email protected]> wrote: > > > At least some of us might have swallowed our Hon'ble Minister > Sri.Chidambaram's reply that Convict Afsal Guru's mercy petition is pending > as 22nd in the Rashtrapathi Bhavan waiting for its turn. Some how I smelt > rat and asked its status from President's Secretariate (Rashtrapati > Bhavan).as well as from Home Ministry under right to information.. Believe > it or not. Following are part of the propt reply: > > 1. Convict Mohd Afsal Guru's punishment was confirmed by Supreme Court on > 04-08-2005 has not filed any mercy petiton. However his wife has filed a > mercy peition on behalf of Mohd Afzal Guru on 03-10-2006 (14 months after > confirmation of the punishement). The Rashtrapati Bhavan has forwarded it > in original to the Ministry of Home affairs vide UO No.15(7)/2006-CA-II > dated 03-12-2006 (on the same date) for their advice > > 2. It is not pending at Rashtrapathi Bhavan waiting for its turn as stated > by the Hon'ble Minister. > > 3. Despite lapse of 2 years and 8 months the Rashtrapti Bhavan has not > received the advice of Ministry of Home affairs. It is pending with the > Ministry of Home Affairs > > 4. Other than the case of Mohd Afsal. only ONE case is pending with the > Ministry of Home > Affairs. It is of one Om Prakash of Uttaranchal received by them on > 09-05-2003 (09-05-2003).. > > The above cituation poses many doubts viz., > > (a) Is it obligatory for a convict to file a mercy petion after > the punishment is confirmed > by the Supreme Court > (b) Is there any time-frame prescribed for filing mercy petion > (c) Is the punishment is kept at susense till such time a mercy > peition is filed as > happend in the case of Afsal Guru where no mercy petition > was filed by any > one for 1 year and 2 months > (d) When the convict does not seek any mercy by not filing a mercy > peition, is the > petition filed by his wife can be considered as his mercy > petition > (e) Why the Hon'ble Minister made a statement that Afsal Guru's > petition is pending > at the Rashtrapathi Bhavan as 22nd in the waiting when it was > pending with his > own Ministry and the Rashtrapati Bhavan has dispossed it off > on the same date > of receipt.. > > [Non-text portions of this message have been removed] > >
