ON THE DEATH SENTENCE TO MOHAMMAD AFZAL (i)
The Tribune October 1, 2006 DOES AFZAL DESERVE THE DEATH PENALTY? by Humra Quraishi The big question now is whether Mohammad Afzal ought to be put to death or saved from the gallows. I got in touch with the well known lawyer ND Pancholi, who is one of those lawyers who has been regularly meeting Afzal. Along with a team of senior advocates, he is currently preparing a mercy petition on his behalf. Reacting sharply to the death sentence, ND Pancholi set out the facts which are likely to form the main points in the petition: "I feel it is important to know certain facts regarding this case - Afzal did not have the assistance of any lawyer at the trial stage. The lawyers sought by him were not provided by the Court. Amicus Curie advocates were given by the court, some of whom withdrew from the case and the one who remained was there only for the name sake. "The court asked Afzal to cross examine the witnesses, which he did, but this is a task which can be performed by a lawyer and no litigant can be expected to cross examine the witnesses against him. In absence of a proper advocate, he was not able to demolish the evidence fabricated by the police. The Supreme Court and High Court have held that the police version of the arrest of the accused was not believable, i.e., the time and day of the arrest of the accused as claimed by the police was false. "The Supreme Court has admitted that there is no direct evidence against Afzal but certain circumstances if taken together can give a safe presumption that he was involved in the conspiracy to attack Parliament, though he himself did not participate in the attack. The three main accused, i.e., Mohd. Azhar, Gazi Baba and Tariq are stated to be in Pakistan. Three were given death penalty i.e. Geelani, Shaukat and Afzal. Afsan Guru (wife of Shaukat) was given ten years imprisonment. In the High Court Geelani and Afsan Guru were acquitted. In the Supreme Court the death sentence of Shaukat was commuted to ten years imprisonment. In such a situation, giving death penalty to one accused on assumption of circumstantial evidence is not justified." Pancholi adds: "In America, with regard to of 9/11, one accused, Zakaria Mosvi, has been given life imprisonment because he was not directly involved. Similarly, in the Mahatma Gandhi assassination case, Nathuram Godse was given the death penalty but his brother was given a life sentence because he was not directly involved. The same is the case with Afzal, as he was not directly involved. " o o o (ii) Indian Express September 30, 2006 WE HAVEN'T EVEN HEARD AFZAL'S STORY by Nandita Haksar Hanging him will be a blot on Indian democracy Mohammad Afzal has been sentenced to death by hanging for the offence of conspiring to attack the Indian Parliament on December 13, 2001. The news that the date for his hanging has been fixed for October 20, 2006, has been greeted by most of the media with approval, if not celebration. But before we endorse the decision to hang Afzal we need to inform ourselves of the hard facts of the case without emotion. It is important to remember that we are not discussing whether Afzal was or was not a part of the conspiracy to attack the Parliament. He has already been found guilty of the crime and convicted. The question is on the sentence. There are three principal reasons why hanging Mohammad Afzal would violate basic principles of natural justice and equity. First, the charge sheet was against 12 persons: three Pakistanis (Masood Azhar, Tariq Ahmed and Gazi Baba) who were said to have master-minded the attack (none of the three were arrested or brought to trial. If Pakistan were to extradite them they would be protected from death penalty); five Pakistanis who actually attacked Parliament and were responsible for the death of nine members of our security forces; and the four people who actually stood trial. Afzal was not responsible for anyone's death or injury. He did not mastermind the attack. The Supreme Court has noted that there is no direct evidence of his involvement. Second, all the three courts, including the Supreme Court, have acquitted him of the charges under POTA of belonging to either a terrorist organisation or a terrorist gang. Third, he was denied a fair trial. The investigation was full of illegalities and the courts noted with concern that evidence was fabricated and he never had a lawyer who represented him. The Designated Judge passed an order giving Afzal the right to cross-examine witnesses but even a person with legal training without knowledge of criminal law would find it difficult to conduct such a trial. The Supreme Court has held that "The incident, which resulted in heavy casualties, had shaken the entire nation and the collective conscience of the society will only be satisfied if capital punishment is awarded to the offender." Can the collective conscience of our people be satisfied if a fellow citizen is hanged without having a chance to defend himself? We have not even had a chance to hear Afzal's story. Hanging Mohammad Afzal will only be a blot on our democracy . The writer is a civil rights activist, closely associated with the rights of defendants in the Parliament attack case and is leading the public campaign for mercy in this case o o o (iii) October 1, 2006 Dear Friends, Mohammad Afzal Guru, 35, a resident of a north Kashmir town of Sopore, was arrested in December 2001 in connection with the attack on the Indian parliament in New Delhi. Afzal is presently lodged in New Delhi's high security Tihar jail and is facing death penalty, the date for which has been fixed as 20th October 2006. We condemn Mohammad Afza's capital punishment and therefore appeal you to join our efforts for the withdrawal of death sentence. Keeping in view the international humanitarian standards, we are of the opinion that the Afzal Guru's trial was not satisfying the standards laid out for fair trial. In his case the confession that was basis of his conviction in trial court was rejected by the Supreme Court of India and according to the evidence produced by the State he was accused as a facilitator and not directly involved in the attack. Thereby, the death penalty is disproportionate even according to the Indian Supreme Court's different judgements and the case doesn't even fall under the "rarest of rare" cases in which the Supreme Court of India has observed death penalty should be awarded. The trial was completely influenced by the propagandist Indian media, which had pronounced its verdict even before the trial had actually begun. The Kashmiris perceive the death sentence to Afzal Guru as an act of appeasement to the jingoistic pride of India. Also the timing and date fixed by the Court seems to be motivated. Attached is the appeal for signature campaign [http://www.sacw.net/hrights/Appeal.jpg]. We also appeal you to either write in your individual or the organisational capacity the protest letters to the Indian President or send a copy to us. Please send a copy of your letters to us [at <[EMAIL PROTECTED]>]. In struggle, SAVE AFZAL GURU CAMPAIGN Organised by: JK Coalition of Civil Society o o o (iv) Dear Friends, Here is a template of a petition addressed to the President of India, which is self-explanatory. You're earnestly requested to act on it and send a copy to <[EMAIL PROTECTED]>. Sukla To The President of India, Rashtrapati Bhavan, New Delhi. <[EMAIL PROTECTED]> Sub: PETITION AGAINST MOHAMMAD AFZAL GURU'S DEATH PENALTY Respected Sir, It is to bring to your kind notice that one Mohammad Afzal Guru, 35, a resident of Sopore, a town in north Kashmir, was arrested, to our knowledge, in December 2001 in connection with the armed assault on the Indian Parliament on Decmeber 13 2001. He is presently lodged in the Tihar Jail, New Delhi waiting to be hanged on 20th instant as per the verdict delivered by the Hon'ble Supreme Court of India. In this connection we'd like to draw your attention further to the fact that under international human rights standards people charged with crimes punishable by death are entitled to the observance of strictest fair trial guarantees in view of the irreversible and most extreme nature of the penalty. Hence meting out of death penalty upon conclusion of a trial in which the provisions of International Covenant on Civil and Political Rights had not been respected, which can no longer be remedied by appeal, would constitute a gross violation of the right to life as per the article 6(1) of the aforesaid Covenant. Keeping in view the above international humanitarian standards, we are of the firm opinion that Afzal Guru's trial was not according to the standards laid out for fair trial. In his case the Supreme Court of India has rejected the confession that is the basis of his conviction in the trial court. And according to the evidence produced by the prosecution, he was accused as a facilitator and not as one directly perpetrating the said crime. And thereby death penalty is grossly disproportionate to the alleged crime committed by him according to the prosecution. By no stretch of imagination it falls under the category of the "rarest of rare" cases. It is also highly pertinent that the trial, from the word go, was highly influenced by the sustained propaganda of the Indian media, which had pronounced him guilty even before the trial started. It is no wonder and highly significant that under the circumstances the people of Kashmir valley perceive this verdict nothing but as an act of appeasement to the jingoistic pride of India. The verdict has come at a time when there is global campaign going on against capital punishment. So far 128 nations have reportedly abolished it from their statutes and more are expected to follow. In this context the impact of hanging Mohammad Maqbool Bhat, another Kashmiri, in 1984 in the same Tihar Jail, at the end of a trial which was perceived as patently unfair by the people of the valley, radically aggravating the sense of their alienation with hugely tragic consequences must also be kept in mind. In view of above we the undersigned earnestly urge you to exercise your Constitutional prerogative to set aside the said death sentence and also institute a judicial enquiry to find out the real truths behind the dastardly attack on the Indian Parliament, as facts have been clearly fudged and fabricated by the investigation agency which have been clearly acknowledged by the higher courts, and the flawed investigations carried out thereafter. This would not only set a healthy precedent and reinforce the common people's trust and faith in Indian democracy but also go a long way to soothe the inflamed feelings of the people of the Kashmir valley and thereby help the "peace process" now under way. Yours sincerely, Sukla Sen, EKTA (Committee for Communal Amity), Mumbai _______________________________________________ Marxist-Leninist-List mailing list Marxist-Leninist-List@lists.econ.utah.edu To change your options or unsubscribe go to: http://lists.econ.utah.edu/mailman/listinfo/marxist-leninist-list
