India | Updated Jun 10, 2008 at 08:26am IST

Hanging fire: Time to seal Afzal's fate?

Mohammad Afzal Guru was sentenced to death by the Supreme Court in October 2006 for attack on Parliament. But it looks unlikely that the UPA Government is ready to carry out the orders of the apex court.

Now, in a rare interview to news agency IANS, Afzal has dared the Government to hang him. He also alleged Congress was a “double-faced” party and expressed “hope” that L K Advani would become the next prime minister.

However, sources tell CNN-IBN, the Government is unlikely to hang him before the General Elections.

Earlier in an interview with CNN-IBN Union Home Minister Shivraj Patil gave out reasons for delaying Afzal’s execution.

He said that executing Afzal might hurt the Government's plea for a pardon for Indian prisoner Sarabjit Singh who faces a similar sentence in Pakistan.

“You know if you are going to Pakistan and asking that somebody should not be hanged. Here in India you say hang. Now the question is that there is a procedure laid down for this and everybody is thinking many countries in the world are thinking if you can't give life, you can't take life,” Patil said.

The question that CNN-IBN debated on its show Face the Nation was – Is it the right time for the government to decide on Afzal Guru? To discuss the issue on the panel were BJP leader Sheshadri Chari and Kamini Jaiswal, Senior Advocate, Supreme Court.

Decision on Afzal a political game

What is the implication Shivraj Patil’s statement? Will Afzal’s hanging have a bearing on Sarabjit’s future?

Chari said it was unfortunate that the Home Minister of India should speak like this. “It is the most stupid statement I have ever come across. Here is a Home Minister who is comparing an Indian criminal to another Indian who has been falsely implicated in a case in Pakistan. Sarabjit Singh is an Indian and the case has been falsely implicated and even some Pakistani gentleman has agreed on this thing.”

“Afzal Guru is an Indian and he comes very much under the Indian constitution. He has attacked the Indian Parliament and he has not said once that he is sorry for it. He is not just an accused he has been sentenced. The Supreme Court has pronounced its judgment and its unfortunate why the UPA Government is adamant on this issue. ”

Is it time for the UPA Government to take a call on Afzal?

“Sarabjit Singh has been found guilty by the court over there. So to that extend he and Afzal are equated. If one party goes from the rooftop screaming that hang Afzal and terrorism in this world will come to an end but they seek pardoned for Sarabjit. So to that extend the Home Minister is right, ”Jaiswal replied.

Final call for UPA Government

Strongly disagreeing with Jaiswal said, Chari pointed out, “Afzal Guru has been implicated in this case, he has been found to be a criminal as far as Parliament attack is concerned. He was the mastermind of the Parliament attack. So the other 26 cases are different. Now it’s the President who has to take a decision on this issue and the UPA Government can advice the President to take proper step. ”

However, Jaiswal tried to correct the facts given by Chari.

She said that Afzal Guru was never found to be the mastermind in the case. Mastermind was somebody like Ghazibaba and according to the prosecution the mastermind was Professor Gillani.

“Out of four people that they prosecuted two have been found not guilty and therefore the whole prosecution story false. Death sentence itself is inhuman the state has no right to take away life when it cannot give any life and you cannot correct a wrong. Supreme court has upheld the death sentence but it also said that the collective conscious will be satisfied if you hang him.”

Giving her views on Government’s stand Jaiswal said, “UPA government must have the guts to decide on the mercy petition without looking at the next election. Next election cannot be the reason for not deciding on the mercy petition.”

“Unfortunately the UPA Government seems to have not learned any lesson. If they think that by being lenient on Afzal Guru they are going to garner all the Muslim votes they have gone terribly wrong on this issue,” Chari replied.

Final results

Is it the right time for the Government to decide on Afzal Guru?

Yes: 93 per cent

No: 7 per cent

CNN-IBN Editorial

Mohammad Afzal case is certainly a political firecracker. For some it’s a symbol of the minority appeasement of the UPA Government, for others it’s a mistrial born out of police bungling and prejudice. The Supreme Court may have upheld the death sentence but the fact is that the case is just too political for there to be an easy solution.

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