J&K CM pleads for Afzal clemency

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New Delhi: The death sentence of Parliament attack plotter, Muhammad Afzal Guru, has become a rallying point in Jammu and Kashmir.

A general strike was called in the Kashmir Valley to protest against a Delhi Court order to execute Afzal on Friday. The strike was called by leader of the break-away faction of the All Parties Hurriyat Conference, Syed Ali Shah Geelani.

Police fired into the air and used tear gas and water cannons to disperse hundreds of demonstrators who turned violent after Friday prayers.

Six journalists were also injured in an assault by CRPF jawans.

Chief Minister Ghulam Nabi Azad on Friday asked Prime Minister Manmohan Singh to intervene in the matter of death verdict to Afzal.

Azad sought Presidential clemency for Afzal, citing the public sentiment in the valley against the verdict. The two leaders met on the sidelines of the chief ministers' conclave in Chandigarh.

PDP leader Mehbooba Mufti supported Azad and said that she had appealed for Afzal to the PM when the death sentence was announced first. Commuting the death sentence would send a correct message to both sides of the border, she said.

She said that if India could appeal for Sarabjeet Singh, an Indian who is on death row for espionage in Pakistan, then Afzal could be spared too. "Keeping the humanitarian angle in mind, we need to change the death sentence to life imprisonment. Capital punishment is being abolished all over the world."

Nalini, an accused in the Rajiv Gandhi assasination case was spared, and Afzal could be shown clemency too. India was known for its Gandhian values.

Violent protests erupted in many parts of the Kashmir valley on Wednesday over a Delhi trial court order to hang Afzal, the prime accused in the December 13, 2001 Parliament attack case.

Additional Sessions Judge Ravinder Kaur while issuing the order of execution, to be carried out at 0600 hrs (IST) at Tihar Jail on October 20, said Afzal be hanged by neck until dead.

Police have described Afzal as a Jaish-e-Mohammed militant who helped the five terrorists in carring out the attack on the Parliament.

Afzal was accused of procuring arms and ammunition, purchasing the car used in the attack, providing terrorists accommodation in Delhi and "actively" participating in the conspiracy.

Meanwhile, the Congress is caught on the backfoot. For a party, which says that it believes in being firm on terror, it can only distance itself subtly. In the Ramzan month, the Congress wants to keep a safe distance from such a controversial topic.

"Well, it’s the prerogative of the President and there is a constitutional procedure," said Congress Spokesperson, Abhishek Manu Singhvi.

It will be interesting to see what Kalam does in the case, considering that he rejected the mercy petition of a man convicted of raping and murdering a teenage girl in West Bengal in August 2004.

Despite a massive public opinion campaign requesting him to commute the death penalty, Kalam rejected the petition of Dhananjay Chatterjee, who raped and killed a 14-year-old in 1990.

The last time any hanging took place in Tihar jail was on January 6, 1989, when Satwant Singh and Beant Singh – accused in the killing of former prime minister Indira Gandhi – were executed.

THE CASE AGAINST AFZAL

Charges against Afzal include murder, criminal conspiracy and waging war against country. That, coupled with conclusive evidence from phone taps made Afzal's case fall under 'rarest of rare' crime. He has also been accused of sheltering and managing logistics for Jaish commander Ghazi Baba, and the five attackers.

Afzal's accomplices in crime were Delhi University lecturer SAR Geelani, Shaukat Guru and his wife Afsan. Afzal, Geelani, Guru were accused of having a hand in planning the strike, Afsan was accused of concealing conspiracy.

Geelani, Afzal and Shaukat sentenced to death by POTA court on Dec 18, 2002. The High Court in Oct 2003 upheld Afzal, Shaukat's death sentences while Geelani, Afsan Guru were acquitted. The court said proof against Geelani, based on phone taps, insufficient for conviction.

Supreme Court, however, upheld Afzal's death sentence, reduced Shaukat's sentence to 10 years RI. Geelani and Afsan's acquittals were upheld as SC agreed with HC that evidence against them was insufficient.

Afzal has not yet appealed for clemency, but lawyers are reported to have been considering. Rashtrapati Bhavan, too, says no mercy petition has been received.

Experts say court's permission needed to file mercy plea. If court says no, can move writ petition in HC/SC as last option.

(With inputs from Mufti Islah)