No mercy for Afzal Guru: Home Ministry?

Wednesday, June 23rd, 2010

 Home Ministry - The Ministry believes there can be no ground for mercy given the heinous nature of Afzal's crime and is now preparing to send its recommendation to the Rashtrapati Bhavan.  The Delhi government had earlier given the same recommendation to the Home Ministry that Afzal's mercy plea should be rejected.  Afzal Guru was sentenced to death by a sessions court in 2002 and both the Delhi High Court and Supreme Court upheld it.

New Delhi: New Delhi: The Home Ministry is yet to take a final decision on the mercy plea of Parliament attack convict Afzal Guru.

Contrary to reports, Home ministry sources have denied sending any recommendations to President Pratibha Patil on Afzal's mercy petition.


The death sentence

When awarding the death sentence to Afzal on December 18, 2002, the trial court judge had said, "The incident, which resulted in heavy casualties, has shaken the entire nation and the collective conscience of the society will be satisfied if the capital punishment is awarded to the offender."

Two other suspects arrested in the same case - SAR Gilani and Afsan Guru - were acquitted for lack of evidence by the High Court, which, however upheld the death sentence for Afzal on October 29, 2003. His appeal was rejected by the Supreme Court two years later, on August 4, 2005.

A sessions court fixed the date of his hanging on October 20, 2006 in Tihar jail. But Afzal's wife Tabassum filed a mercy petition before the President and the execution was stayed.

According to procedure, the President sought the Home Ministry's views on the mercy petition and the Home Ministry asked the Delhi government to give its views.

The clemency debate

Whether clemency should be granted to Afzal Guru, has been the subject of a huge political debate. Human rights groups say Afzal did not get a fair trial. The announcement of the date of Afzal's hanging also led to large-scale demonstrations in the Kashmir Valley. Even the Peoples Democratic Party (PDP) has sought clemency for the Afzal.

Jammu and Kashmir Chief Minister Omar Abdullah, while speaking to NDTV some months ago, said, "Media should not hang a person before legal system decides, there are procedures to be followed on Afzal's hanging." Omar also said that there were many convicts on death row before Afzal.

On the other side of the divide is the BJP, which has repeatedly attacked the UPA government for delaying Afzal's hanging saying if Afzal is not hanged, India will be seen as a soft state.

Many believe that now with Kasab's death sentence, the government has been forced to act on Afzal Guru.



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