Afzal sentenced to death in the

name of ‘collective conscience’ and

for attack on 'unity and integrity'

After stating that there was no evidence to show that Mohammed Afzal was a member of any banned organization, after setting aside his ‘confessional’ statement produced by the police, after acquitting Afzal of the charges under POTA (“conviction under Section 3(2) of POTA is set aside.”; “The conviction under Section 3 (5) of POTA is also set aside…”) the Supreme Court convicted Afzal Guru to death. They did so because, “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.” Thus in the name of assuaging a so-called collective conscience, the death sentence of a man convicted on the basis of circumstantial evidence alone to be a conspirator and who was denied adequate opportunity to defend himself through the trial, has been upheld.

So has the Supreme Court pandered to the communal lusting of the ruling classes of India who are baying for a human sacrifice to nurture their Pakistan – Kashmiri – Muslim terrorism axis, and to satiate their hunger to hang a symbol of their ‘successful’ hunt for the guilty of the attack on the symbol of their rule – Parliament House. It is another matter that five people who had actually entered Parliament House lawns were killed at the spot itself. It is another matter that the facts around the attack on Parliament House were and remain so hazy that several organizations had called for a White paper to establish the truth. It is another matter that the Delhi police maintain that the three main accused are not in the country and neither have they been able to prove their involvement. It is another matter that the Court totally dismissed the case against two of the four arrested and accused by Delhi Police. The Supreme Court reduced the death sentence of the third to 10 years imprisonment.

The most terrible and gory aspect of the death sentence to Afzal is that it is being given by appropriating the name of ‘collective conscience’ of the people of India. It is a people who know the Indian state as the prime terrorist in their lives, while the state lumps Muslims, Kashmiris and Naxalites into its favourite "terrorists". Can any country ever need to be assuaged with the blood of a person who has been nailed as a conspirator on the basis of circumstantial evidence alone, denied access to a lawyer of his choice and been at the mercy of the STF of Kashmir prior to his arrest?

While the death sentence in India was to be awarded in the ‘rarest of the rare’ cases, in the first instance Kehar Singh was awarded death sentence as a ‘conspirator’ in the Indira Gandhi Murder case. Earlier, while Nothuram Godse was awarded death by hanging for the killing of MK Gandhi, the life of Gopal Godse, his brother and co-conspirator, was spared. The experience of the people of India is that it is the poor, the minorities and those who dare to fight injustice who are brought to the gallows by the state.

Protests rock Kashmir

Major organizations and parties in Kashmir valley came together and have launched a popular movement against the death sentence to Afzal. The  pressure of the people is such that the sole CPM MLA from Kashmir, NC leader Farooq Abdullah and even the Congress CM of the state have been forced to call on the President to accept the mercy petition of Afzal’s wife and commute the death sentence. The movement of the Kashmiris is not chauvinistic or arm twisting as so many whitewashers of the system would have people believe. Kashmiris do not have faith in the investigating agencies and STF and do not believe in Afzal's role as made out by Delhi police.

Communal Response of Indian Ruling Classes

The BJP and allied organizations have raised a hue and cry, faithfully and gleefully covered repeatedly by the mainstream media, as though even asking the President to accept a mercy petition is an act of betrayal! This despite it being the right of any convicted citizen to do so. BJP, the Indian ruling classes, and particularly the Supreme Court seem to conveniently forget that the collective conscience of the people is also asking for the guilty of Gujarat riots, of Babri Masjid demolition and those pinpointed by Sri Krishna Commission on Mumbai riots to be brought to book.

  The Congress party leaders have distanced themselves from Azad’s appeal and have receded into a shell of convenient silence as the BJP hounds their ‘soft’ Hindutva and labels them as ‘supporting terrorism.’ This is the ‘secular’ party being supported by CPM and CPI! Meanwhile when the entire parliamentary spectrum from Congress, BJP to the official 'left' are apologists of the 'unity and integrity' of mulitnational India, what real opposition can they express to the Court's judgement? It is a slogan which whitewashes several heinous crimes by the state.

Meanwhile several revolutionary organizations, progressive intellectuals and human rights organizations spoke up to demand commutation of his death sentence and a review of the entire case against Mohd. Afzal. Shri Jagmohan, nephew of Bhagat Singh and Anand Patwardhan have asked the President to accept the petition. The JK unit of PUCL has also taken this position.

Dharna in Delhi Against the Judgment

A dharna was organized in Delhi by the Society for the Protection of Detainees and Prisoners Rights on 4th Oct. ’06. It saw the participation of a wide section of progressive intellectuals, revolutionary organizations and others. It was addressed by SAR Gilani, teacher at Delhi University and leader of the organization, JKLF leader Yasim Malik, Sajjd Lone, leader of JK Trade Union organization, National Conference MP from Afzal’s home constituency, Com. Aparna Delhi Co. Sec. of CPI(ML)-New Democracy, Anjani from RDF, Kavita Krishnan of AISA, Dr. NK Bhattacharya Convenor Janhastakshep, several teachers from Delhi University and JNU and also representatives of other organizations. There was a universal demand for commutation of the death sentence and a review of the whole case against Mohammad Afzal in view of the fact that he was incriminated on circumstantial evidence alone and remained unrepresented by a lawyer of his choice throughout the trial.

Meanwhile in a graceless and provocative act, widows of security personnel killed in the Parliament attack were organized to give a petition to the President against the mercy petition on the same day as Afzal’s wife submitted her request. This despite the fact that the five people who entered the Parliament area were killed there and then in exchange of fire.

 In an example which at once shows up the attitude of the ruling classes and its mainstream media, the recent fidayeen attack on 4th Oct. ’06 on the CRPF headquarters killing 7 armed forces’ personnel, one civilian and eventually two militants made headlines. Tucked away in the same item was a report of an army patrol shooting down and mistakenly killing a brother and sister working on their fields at Gadool in Koker Nag area also on 4th Oct. The report stated that people blocked highway in protest, picked up the bodies of the two and placed them on the highway asking authorities to register cases and also see for themselves the identity of the two. Such a terrible travesty by the army, acting to throw salt on wounds, furthering alienation and actually the crucible in which such fidayeen attacks are born, is only a tiny mention in newspapers of India.