Saturday, March 29, 2008

Mohd. Afzal Guru - Terrorist or Victim?

By now, most of us would have forgotten the attack on Indian Parliament on Dec 13th 2001 and the pandemonium that followed. We might vaguely remember that Delhi Police had miraculously cracked the case in two days flat - they had identified the terrorists who had been killed in the attack, tracked and arrested their accomplices and got their confessions also. Probably the name S A R Geelani would still ring a bell to some of us owing, mostly, to the media circus that had followed after his arrest. He was a professor of Urdu literature in Delhi University branded as a terrorist by media even before he was convicted. As a matter of fact, he never was convicted. He, along with Afsan Guru (another accomplice who was arrested) were acquitted by the Supreme Court. Out of the remaining two convicts - Shaukat Hussain (Afsan's husband) and Mohammad Afzal were handed 10 years imprisonment and death sentence respectively by the apex court.

Most of us would have probably dismissed the whole affair with either 'Good, one terrorist off the face of the earth is many lives saved' or ' In India one life less doesn't really matter' or a more callous 'Who cares? All this is happening in far away Kashmir/Delhi. It doesn't affect me in any way'. I, for one, would never have known the truth behind arrest, confession and eventually conviction of Mohd. Afzal Guru if I had not received this extremely insightful article by Arundhati Roy from a friend. Ironically, the day I read this article was the day the news of chief investigating officer of this case ACP Rajbir Singh (famously called Encounter Specialist of Delhi Police) being killed was flashing on all news channels.

What Ms Roy has very simply pointed out in her article (which, of course, the mainstream media has conveniently forgotten to bring to the notice of common people) would make even a layman see through the whole case and figure out that Mohd. Afzal is just a victim and not a hardened terrorist that he is made out to be. More importantly, Ms Roy's article also points out how the protectors of law & order (Police, Army, Judiciary) have abused the system and made a complete mockery of it. All the information that she has provided is, as she herself mentions, not a work of spectacular detective work on her part, but has been gathered through public records of Mohd. Afzal's trial.

The whole case is a myriad of false/doctored evidences, callous investigation, confessions extracted by torture, serious lapses of procedure - screaming to be noticed during Afzal's trial. But for most part of the trial Afzal did not have a lawyer (let alone a decent one) and during the most crucial part he was asked to cross examine the witnesses himself!! This, as all the lawyers appointed by the trial court had refused to take up his case. It comes as no surprise then, that Afzal has been convicted and given death sentence based on circumstantial evidence owing to the collective conscience of the society.

Afzal's death sentence and the incidents that led to it raise far more questions than answers. To me, he appears to be a victim and not the culprit. A victim of the failed system of the biggest democracy of the world. While he would be hanged some time soon, the real culprits walk free.

But is anyone listening? I don't think so ...

P.S. Afzal was scheduled to have been executed in October 2006 but he is still lodged in Tihar Jail, waiting to be executed. His clemency petition is lying with the President of India. If you believe Afzal should not be executed, here is an online petition you can sign.

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