To hang him or not is the the question. Well again I will consider both sides of the coin and present my argument. Abhay Singh has argued for the capital punishment to be upheld. His arguments is that a heinous crime like the attack on the symbol of Indian democracy should be curbed with iron hands, hang Afzal!
Afzal’s crime goes beyond that line and calls for a highest deterrent punishment, which as per the Indian law, is death sentence. Don’t forget Afzal hasn’t committed an act of an individual’s murder, but that of conspiring to trespass and spill blood in the country’s supreme institution — the people’s Parliament. This is unpardonable.
Letting off Afzal will embolden those who have been misguided and supported by Islamic jehadis from across the border to wage a relentless war against India to force it to accede to their ultimate design. Granting clemency would be tantamount to giving in to the forces that have bludgeoned the nation and pushed the Valley into an endless vortex of terror and bloodletting.
I don’t endorse his views. He should be punished but not capital punishment for being a part of conspiracy. I advocate sternest of punishment for his involvement but not death. An eye for an eye and he didn’t take anyone’s eye. I do feel for the families who lost their dear ones. Many of them, mostly poor, lost their bread earners and it will not be fair on their part if Afzal is not subjected to sternest of punishment.
Fine now the other side of the coin. Is he really guilty? Inam ul Rehman has something interesting to say.
In fact, Afzal denied every aspect of his involvement in the conspiracy to which he had allegedly confessed earlier. “I had not identified any terrorist. The police told me the names of terrorists and forced me to identify.� Needless to say, Afzal also stated that the police made him sign a pre-written disclosure and confession; he also gave graphic details of the illegal procedure under which these were obtained
The defence of Mohammad Afzal, the key figure in the state-sponsored story of conspiracy, suffered the most. With great difficulty, Geelani’s defence managed to produce some witnesses; Afzal had none. He had no legal defence in the period between his arrest on December 15, 2001 and the filing of the charge sheet on May 14, 2005; in other words, no counsel had studied the complex case.
Grave, unanswered questions surround the Parliament attack case even after four judicial pronouncements. Who attacked the Parliament and what was the conspiracy? On what basis did the NDA government take the country close to a nuclear war? What was the role of the State Task Force (J&K) on surrendered militants? What was the role of the special cell of Delhi police in conducting the case?
It will be a travesty of justice to hang Mohammad Afzal without ascertaining answers to these questions. On October 20, they are not going to hang Afzal alone but with it they will also hang whatever little trust the Kashmiri people had in this judiciary; all to be hanged till death.
Lets imagine a court scene in which there is the advocate representing the state (A), the judge( J), Mohammed Afzal (M)and his so called defense lawyer (D).
J: Lets begin the proceedings (and please for God’s sake keep it short as I have already received the fax from the PM office regarding the final judgement and plus my today is my wedding anniversary…ah I even forgot the wedding gift)
As the judge was lost in thoughts A starts presenting his arguments.
A: I request the court to award death penalty to Afzal as his crime cannot be pardoned. The lives of august members of the Parliament were in danger and as he has confessed his crime,this leaves no doubt what so ever in anyone’s mind.
M: I object to this! I was forced to…..
The judge interrupts
J: Speak when you are allowed to. A, carry on.
A: I have nothing more to say. I think the court had enough of M’s plea of being guilty.
Meanwhile D brooding
D: Kaha phans gaya mai. Koi Gandhi thodi na hoo mai. Mat maare gayee thi jo zayada human rights ka josh aa gaya aur yeh case accept kar liya. I don’t even have proofs to at least save him from death penalty.
Meanwhile J also lost in thougths
J: The last time I gave pendant to my wife she didn’t like it. Damn the packing was not good so I had to buy her a new original gold necklace. Yeah but I gave that pendant to Tina……ah, Tina.
A: I am done my lord.
J: Tina..ah..my darling…Oh he is done. Has the defence anything to say ?
D: Le aa gaya number. I have nothing to add my lord. Phew…they are going to ditch me now…
M: What! Why did you take my case then? I could have argued for myself.
D: I need to find someother NGO now..Tina was telling me of some organization associated with Medha Patekar. At least I will get to interact with stars and not bearded terrorists.
(Tina is D’s wife)
J: Afzal you can speak now.
M: I am not guilty damn it! I have been intentionally dragged into this. In 1990 I was attracted to the movement led by the JKLF, like thousands of other youth. I went to Pakistan for training and stayed there for a little while. However, I was disillusioned by the differences between different groups and I did not support pro-Pakistani groups. I stayed there only three months without getting any training. I returned to Kashmir and then went to Delhi to pursue my studies. I always wanted to study and before I joined the movement I was doing my MBBS. I wanted to return to normal life and with that intention I surrendered to the BSF. The BSF Commandant refused to give me my certificate till I had motivated two others to surrender. And I motivated two other militants to surrender. I was given a certificate stating that I am a surrendered militant. You will not perhaps realise that it is very difficult to live as a surrendered militant in Kashmir but I decided to live with his family in Kashmir. In 1997 I started a small business of medicines and surgical instruments in Kashmir. And then I got married.
J: Speak to the point. No one is interested in your life history. Perhaps you can write your autobiography in jail.
M: I am coming to the point. Throughout the period that we lived in Kashmir the Indian security forces continuously harassed me and told me to spy on people they suspected of being militants. One Major Ram Mohan Roy of 22 Rashtriya Rifles tortured Afzal and gave me electric shocks in my private parts. I was humiliated and abused.
J: Eeesshhh..these general at army !! how can they be so unhuman..but they have hawt wives..they really need them
M: The Indian security forces used to regularly take me to their camps and torture him. They wanted to extract information from me. One night the Indian security forces came to our home and abused all of us and took away me to their camp; another time I was taken to the STF (State Task Force) camp Palhalan Pattan.Some days later they took me to the Humhama STF camp. In that camp the officers, DSP Vinay Gupta and DSP Darinder Singh demanded Rs one lakh. We are not a rich family and we had to sell everything, including the little gold I gave to my wife. I was kept in freezing water and petrol was put into my anus. One officer Shanti Singh hanged me upside down for hours naked and in the cold. They gave electric shocks in my penis and I had to have treatment for days.
A: Is he true? I know that the army is a butcher when it comes to handling terrorist but such an extreme torture!!
D: And the say human rights violation…damn! what more do they want? I am going to medha patekar….can’t stand all these.
D then messages Tina to stay at home tonight as he has something important to talk to her.
J: I don’t know how true these stories are Afzal but how are the relevant the case?
M: I just want to prove my innocence and how I was deliberately thrown into this chaos. I left to Delhi after all these but STF again brought me back to Kashmir. The STF told me to bring one man Mohammad to Delhi from Kashmir. I met Mohammad and one other man Tariq there at the STF camp. I did not know anything about the men and had no idea why i was being asked to do the job. And after that I was caught on charges of consipiring against the state. I was in close touch with the security agencies throughout the period starting from 1993 to at least 2000. Second, three of the people (Tariq, me, Mohammad: the mastermind, the link, the attacker), allegedly involved in the attack, originated from the STF camp itself. If Tariq was, in fact, spotted in the STF camp, how was he allowed to go un-investigated? If I had to report regularly to the STF, how could they not have known anything about the conspiracy? Would militants repose trust in someone who was in regular contact with the STF?
J: The judgement is final and binding. Hang till death!! (ah for the first time in my life I had the opportunity to break nip of the pen….as they used to do it in movies..will tell Tina tonight..she loves movies)
M: As if I care.
Next time J and D were together in courtroom was as fighting parties. Tina had applied for divorce from D.
This is based on Mohammed Afzal’s wife public appeal
Other opinions Politite Indian Shivam

{ 1 trackback }
{ 24 comments… read them below or add one }
Atlantean 10.08.06 at 12:28 am
“I advocate sternest of punishment for his involvement but not death. ”
Perhaps you can tell us what “sternest of punishment” for you is?
Sharique 10.08.06 at 12:42 am
Well firstly i don’t believe in death to the ultimate form of punishment. Because it causes no pain and instils no fear. If he is really guilty then i advocate punishment which is stretched out and continuous. So that people who look at him fear this. What’s the big deal in death? one shot and its over!
shankar 10.08.06 at 3:31 am
No one can say that a person doesn’t deserve to belong to live in a society. if a person turn to violence or terrorism there is surely a reason behind it. We have to look at the other side of the coin before saying “yes” to capital punishment. i don’t support capital punishment at all.
Sharique 10.08.06 at 3:54 am
Shankar,
Exactly but then people usually ignore such provocations and then categorize people as leftist and rightist. See here
I wont say that i also do not support capital punishment but then the reason has to be justified. In this era of corruption and people being extremely prejudiced, i suppose capital punishment is not justified. Because you are never sure the conspiracy behind a judgement. (read the the courtroom scene?)
Yusuf Ibrahim Kar 10.08.06 at 5:38 am
Its really sad that when we paas judgements we donot look at the cause that lead to the crime , if committed, instead of the crime itself.
The torture that Kashmiris went through – and is still going through – is exemplified in the life of Afzal.
I feel sorry for this guy – that Justice was not meted out to him as it should have been.
Given the circumstances that lead to his indictement – I believe that a
“Life Imprisonment” should have been enough.
trip 10.08.06 at 11:48 pm
disapponited. again.
I’d agree with you if you talked abt the death penalty, abt its fairness and abt its place in this world. but you predictably delve into more conspiracy theories. i’m surpirsed you did not say Tina is jewish.
yes afzal may have been harrassed. and he signed up for it when he decided to become a terrorist. he’s not being punished for being a target of harrassment or because of his faith. he’s being punished because he was responsible for the death of many.
on another blog there is comparison, suppose in malegaon a terrorist from Gujarat is caught and he’s given capital punishment. and then Naredra modi himself pleads for clemency for him. hmmm… now that will be a nice post on all the hypocritical sites. all of you conspiracy theorists losing your sleep to save that man. ha. that will be the day.
don’t you feel amazed that all these conspiracies are hatched around the world with such effectiveness? i mean roaping in the D lawyer, just perfect. and just for this one occassion, jewish Tina married D years ago. wow. i’ve heard in return in Gujarat the govt is allowing hindus to convert to judaism without any paperwork… wasn’t something like this posted on IM recently? some kind of inter religion deal? boy this is crazy. this is becoming a mass mania now.
Sharique 10.09.06 at 12:21 am
Well Trip first things first, I never wrote that i trust that letter of his wife completely. There is high possibility of it being true because terrorist who surrender might be subjected to torture of that kind. And plus my so called conspiracy theory is also backed my reasoning. I advocate sternest of punishment for him if he is really guilty but the government needs to come up with explanations and clarify it’s stand…that letter of his wife has names and I also want them to come up justifications…why are they silent?
And plus i am for capital punishment. read my comment here
Ah, a jew.. a jew..see this reveals how prejudiced you are against muslims
Even i never had this idea! I think i should have also made humour a category. And Gujrat example would have added flavour to the post..isn’t it? man you are too much!! and on IM it was regarding the Gujrat government’s decision to include Jains among Hindus and again you brought Jews!! think about it..
I am really sad that you have categorized my blog as “hypocritical sites”. And regarding conspiracy theories, well I agree that most of them concocted stories but then I have not based my post on a theory. It’s a letter written by wife of the accused and I want justifications…now please don’t bring religion into picture..i promise i would have argued with the same fervor if someone’s basic right were at stake.
Vikash 10.09.06 at 2:45 am
Great Analysis & Portrait of Afzal’s case, I recommend, you should publish this story at merinews.com to get a greater visibility and possibly made a change.
Sharique 10.09.06 at 3:08 am
Vikash,
Thanks for the appreciation. Ah, at least someone finally
Will do that at the earliest
trip 10.10.06 at 4:05 am
Ok, as I said,he may have been tortured, but that does not make him innocent. conspiracy theories are always backed by ‘reasoning’ and even videos these days. have you not seen the ‘real’ 9-11 video. you can write a post on it. take note.
i’ve not categorized your site as hypocritical, but yes the post. is hypocrisy when you use double standards to justify, protect or save something with which you share sympathies. this guy has had all the avenues open to him at different levels. he had all the rights an Indian citized has, and far more rights than the innocent people who died and die even today. then why the effort to discredit the judiciary? were not two of his accomplices aquitted by the same system? or did tina have a soft corner for them? see if you try to save him on human rights grounds, its still ok, but your attempt to discredit the system makes you a friend of the terrorists. police is bad, army is bad, judiciary is bad, media is bad, laws are bad, national songs are bad, nationalism is bad… perfect justification of cynicism.
if the letter names someone, they are not required to give an explanation. its not required under any law anywhere in the world. it does not make the trial a farce. his wife will make every effort to save him, i have sympathies for her and her family. thats why i’m better as a human being than him, and thats probaly why the ‘evil’ system is not out to get me.
don’t blame me for the jewish and gujarat mention. i’m not the one making up these fantastic stories. and don’t even make me start on what the author of that post on IM writes. he’s always trying to discredit the system. like ‘police fire on praying crowd in Bhiwandi’- lies and lies. just to discredit the police. so that its easy to justify the 30odd injured policemen and the two who were burned alive. not to mention the police now have to ask the local goons for their permission before building a police station on their own land.
Sharique 10.10.06 at 5:32 am
Ok just to make things clearer I have changed the category of this post to humour. I didn’t do that previously because people then would have accused of making of judiciary.
“you can write a post on it. take note.”
Sure…will let you know when i do that.
“double standards to justify”
What’s your basis of comparison? When did I ever try to justify someone just because i wanted to? I wanted this post as humour and expected people to take it in that flavour but then there are people who would object to everything i write here and further look at things from religious point of view. (Remember that Nalanda post? who brought in the issues of muslims there? )
As i have clarified that its not a muslim problem…my heart just weeps from his family and the kind of torture he has been through. I absolutely hate him for this involvement in terrorist activities as I would loath ANY other terrorist. And as far as acquaintance other 2 accused are concerned (you have already labelled them as accomplice so in other words you mean the court showed its compassion to 2 and not to poor Afzal! ), i think they had resources at their disposal…they had the cushion of lawyer and people supporting them…but Afzal, because of his poverty, didn’t have those backings. And thats my whole point…JUST BECAUSE AFZAL IS POOR SO THERE IS FAIRLY HIGH CHANCE THAT HE MIGHT HAVE BEEN DRAGGED INTO THIS.
trip 10.11.06 at 10:28 pm
Of course it is double standard. after the malegaon blasts you wrote ( i think on IM) that the media is not ready to believe that a Hindu can be a terrorist. without any proof whatever (and after all the weapons and RDX that was seized in malegaon just months ago), you were making up stories (again, discrediting the media. now if malegaon police find any hindus, its fine but if they find more mmmm ‘misguided youth’ then you will have to discredit the police too), but when this guy has been fairly (yes its fair by Indian standards) convicted in a long, elaborate, public process, you are busy discrediting the judiciary.
when you purposely discredit everything that this nation is, then you cross the line of a civil dialogue.
I’m sorry, but i did not bring in religion in the nalanda post. it was you who left out a particular part from a wikipedia article – a part that had mention of a particular religion. you made the religion bit conspicious by omission, i just brough it your attention. and second thing, there is nothing ‘religion’ abt history. say it as it is.
its sad if afzal could not afford the best legal help ( which is very good at getting even criminals freed ), but that still does not mean his trial was a farce. most criminals in india are poor and can’t afford the jethmalanis. may be all those humane souls on streets of srinagar threatening a bloodbath now ought to have helped.
and there is nothing funny abt defending a terrorist.
Sharique 10.13.06 at 2:01 am
The thing is I have been accused of something I never intended and I cannot go on justifying that anymore! I wrote that just for fun and if you cannot take humour then its your problem.
I never wrote a post about malegaon blasts on IM. In fact there are no posts on so called conspiracy theory! Adnan wrote few posts on his blog and i wouldn’t disagree with him because he is a journalist. And why didn’t you raise your voice there? And as far as this victimised mentality of muslims are concerned, i think i should write about it. This weekend perhaps
And that Nalanda post was about the pics i took there damn it! and you turned into a battle ground
Anonymous 10.13.06 at 8:32 am
Ajit Bhattacharjea is a former Director, Press Institute of India has this to say.
He then talks about the way media and security agencies handles such cases
His whole argument is based on some Iftikhar Gilani who was detained unlawfully but was later released due to mounting pressure from his supporters
Now what do you have to say? See all these are possibilities and you just cannot deny them. Being passionate about a terrorist’s execution is normal but then we have to be sure particularly in this era of corruption. I wonder why you fail to appreciate this fact that the whole case might have been influenced and Afzal because of this poverty couldn’t defend himself. Believe me its not about Afzal and me being from the same religion but its about being a human!
Sharique 10.13.06 at 8:33 am
oh that was me btw
Dan 10.18.06 at 2:52 pm
Why is it that every time a member of a certain monotheistic religion indulging in terrorism sans compare is brought under scrutiny that all forms of conspiracy theories start doing the rounds. It was the FBI terror nexus drivel after the 9/11 attacks and now in the clemency petition filed for Afzal has taken conspiracy theories to unprecedented highs. So if you believe Afzal’s wife it was the “BAD” Security guys who made poor old lamb Afzal to commit all these horrible crimes and to make matters worse the Judge had an ongoing affair with the wife of the Defence Counsel, so the “Big Bad Judge” sent our poor lamb
Afzal to the gallows.
It seems that the whole world is conspiring against Afzal. So in case the Presidential review comes out with a finding that Afzal deserves nothing less than a noose around his little lamb neck, what will the conspiracy theorists come up with? May it will be along the lines that President Kalam is not a faithful member of RoP.
With the whole world conspiring against him, I think it will be unfair to deny Afzal a prompt audience with Allah.
Hiren 10.18.06 at 4:24 pm
Death has not proved to be a deterrent in the cases of common criminals and is unlikely to in case of highly motivated terrorists. This is not to say that death penalty is always unjustified because being a soft state has cost us dearly in the past.
In this particular case, there a are a lot of gaps which need to be filled up and until that happens, death penalty cannot and should not be given.
Sharique 10.19.06 at 9:18 am
Dan,
I agree that these controversy theories but then you are comparing apple with oranges. Afzal wife wrote that letter and its not a concocted theory!
Hiren,
I agree that death penalty cannot be a deterrent and plus there are chances that the verdict might be wrong and thus an innocent life is lost.
Thirumalai dasan.K 10.21.06 at 12:39 pm
Dear all,
As for as i am concerned i am for the maximum punishment as per Indian constitution.
But i am for removing the capital punishment from the system.
Now, because there is some voice for Afzal, the mercy petition is submitted with the Hon president of india.
otherwise nobody cares. that is the problem india having today.( Selective amnesia)
( I have read an article -in the hindu something like ” 3 men killed in kashmir given importance in first page and the news of 12/13 persons killed in terror violence in northeast found 12/13th page of of the same newpaper (on particular day”)
Also i would like to raise the following questions to clarify myself.
whether it was right when these jawans killed the other terrorists on the spot?? whether it is different from death penalty??
Or else whether these jawan should have surrendered to these terrorists and let them loot the democracy of india??
Or policemen / security personnel will be ordered not to kill any one at any circumstances.
Sharique 10.22.06 at 2:05 am
Thirumalai dasan.K,
Its not about the number of people who are killed but its about the issue at hand. Kashmir gets preference over other states because its related to international terrorism. People are not interested in knowing how many poor die each day but they are eager to raise their voices against atrocities in Kashmir.
It really is a thin line..death penalty by court and by those policemen..but then those policemen fired in defence and its their duty to do so. I don’t think those can be compared. A court has full control over the verdict.
Vinaya Singh 04.28.07 at 1:44 am
Dear All,
I am a liberal person and think like you, but people of India and other countries are so distressed by the act of followers of ISLAM that they couldn’t think of to be lenient to a terrorist MUSLIM. They can make a case to be lenient for any other heinous crime but not for terrorism. In my opinion, a corrupted person (based on level of corruption) should also be hanged, even if it looks uncivilized to us. This view was also echoed by SC. SC has said that if law would permit, it can sentence a corrupt person to be hanged in lamp post in front of public so that it could create some fear in the crime minded people. The SC has scholars on human rights and civilization and it would have decided to life imprisonment rather than a death sentence in this case but it didn’t do so. SC sentences very carefully. Also, as Muslim scholars say Quran was revealed by GOD and it advocates for uncivilized punishments to criminals so that human can learn a lesson and don’t repeat the heinous act.
Thanks & Regards,
Vinaya
Sharique 04.28.07 at 12:19 pm
Dear Vinaya,
You say
How to term any punishment as uncivilized? If hanging someone in presence of an audience is uncivilized then what is civilized? Such public executions instil fear in the hearts and would certainly prevent someone from committing the crime. I highly recommend the same for any democracy…not sure about corrupt politicians but at least they should be jailed. The problem lies within our system in which justice can be bought and hence these politicians never get punished.
vinaya singh 04.30.07 at 1:32 am
Dear Sharique,
I am happy to note your comments and I would appreciate if you could visit at: “http://politeindian.wordpress.com/2006/10/07/afzal-and-the-hanging-dilemma/#comment-2882″, where there is a side debate on civilized and uncivilized punishments. I have also commented out there.
Thanks & Regards,
Vinaya
Sharique 04.30.07 at 11:43 pm
Dear Vinaya,
I will go through that link and get back to you asap.