We
Haven’t Even Heard Afzal’s Story
By Nandita Haksar
03 October, 2006
Countercurrents.org
Mohammad
Afzal has been sentenced to death by hanging for the offence of conspiring
to attack the Indian Parliament on December 13, 2001. The news that
the date for his hanging has been fixed for October 20, 2006, has been
greeted by most of the media with approval, if not celebration. But
before we endorse the decision to hang Afzal we need to inform ourselves
of the hard facts of the case without emotion. It is important to remember
that we are not discussing whether Afzal was or was not a part of the
conspiracy to attack the Parliament. He has already been found guilty
of the crime and convicted. The question is on the sentence.
There are three principal
reasons why hanging Mohammad Afzal would violate basic principles of
natural justice and equity.
First, the charge sheet was
against 12 persons: three Pakistanis (Masood Azhar, Tariq Ahmed and
Gazi Baba) who were said to have master-minded the attack (none of the
three were arrested or brought to trial. If Pakistan were to extradite
them they would be protected from death penalty); five Pakistanis who
actually attacked Parliament and were responsible for the death of nine
members of our security forces; and the four people who actually stood
trial.Afzal was not responsible for anyone’s death or injury.
He did not mastermind the attack. The Supreme Court has noted that there
is no direct evidence of his involvement.
Second, all the three courts,
including the Supreme Court, have acquitted him of the charges under
POTA of belonging to either a terrorist organisation or a terrorist
gang.
Third, he was denied a fair
trial. The investigation was full of illegalities and the courts noted
with concern that evidence was fabricated and he never had a lawyer
who represented him. The Designated Judge passed an order giving Afzal
the right to cross-examine witnesses but even a person with legal training
without knowledge of criminal law would find it difficult to conduct
such a trial. The Supreme Court has held that “The incident, which
resulted in heavy casualties, had shaken the entire nation and the collective
conscience of the society will only be satisfied if capital punishment
is awarded to the offender.” Can the collective conscience of
our people be satisfied if a fellow citizen is hanged without having
a chance to defend himself? We have not even had a chance to hear Afzal’s
story. Hanging Mohammad Afzal will only be a blot on our democracy .
The writer is a civil rights
activist, closely associated with the rights of defendants in the Parliament
attack case and is leading the public campaign for mercy in this case
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