Ram Puniyani
Kashmir
valley was totally insulated from the news and TV channels gagged. The restive
mood of the people led to the death of some. In the absence of the proper
information, rumours are doing rounds and what disastrous consequences it can
have needs a serious thought from the rulers in the corridors of power.
Kashmir
had been limping towards better situation during last few years. While
alienation amongst large section of Kashmiris remains deep set, there have been
indications that people may reconcile to new situation, if democratization
process in Kashmir is strengthened by and by.
This hanging of Afzal Guru reminds one of the hanging of Maqbul Butt in 1984,
which set the trail for a phase of enhanced militancy. One hopes that such an
adverse thing should not happen this time. But still we need to take the issue
of protest in Kashmir in a more balanced way.
Congress should not join the game of aggressive jingoism launched by BJP and
its affiliates. Such cases of yielding to the religious nationalism, promoted
by BJP and company will surely be a recipe for disaster for the process of
normalization and democratization in Kashmir .
The communal mind set should not be allowed to rule the roost.
The semi secretive hanging of
Afzal Guru (Feb 2013) has come as a shock to some and as a feeling of
triumphalism for many. Afzal Guru was hanged in early hours of morning and was
buried in the prison yard. His mercy petition, which was pending with the
President for long was finally rejected and even before the family of Afzal
Guru could get a chance to appeal against the turning down of plea for
clemency, Guru was hanged. While the ethical questions pertaining to death
penalty are heavy on the conscience of many in the society, this is not
regarded as the part of ‘collective conscience’ which has guided the judgment
of Supreme Court and later the President turning down his petition for
clemency. The section of society which thought that Guru’s sentence itself
needs to be questioned also does not seem to form the’ conscience’ of the
nation!
Many a questions have been
raised due to this hanging. Why hanging and why at this time? Guru
was one of the accused in the case of assault on the Parliament on 13 December
2001, in which, eight security personnel and one gardener were killed. Guru was
not found to be part of any terrorist outfit, nor did he play any direct role
in this attack. Supreme Court noted that there is no direct evidence of Guru’s
involvement. The evidence was mainly circumstantial. All three courts including
Supreme Court had acquitted him of the charges under POTA of belonging to
either a terrorist organization or a terrorist gang. Court also noted that the
evidence was fabricated.
At worst Guru was facilitator in
the crime and not a part of directly perpetrating the crime, and the evidence
against him was mere circumstantial and that the police lied about the time and
place of arrest, fabricated evidence including arrest memos and extracted false
confessions. Court noted that Guru was not a member of any banned organization,
Court ruled "The conviction under section 3 (2) of POTA is set aside. The
conviction under section 3 (5) of POTA is also set aside because there is no
evidence that he is a member of a terrorist organization, once the confessional
statement is excluded. Incidentally, we may mention that even going by
confessional statement, it is doubtful whether the membership of a terrorist
gang or organization is established." Further that since "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." So does it mean that the
punishment is being given to assuage the collective national conscience? One
must add what is presented as this conscience is the consciousness of the
section of dominant sections of society, the assertive social-political groups
in particular. The conscience manufactured by the likes of VHP, Bajrang Dal and
company, have come to be labelled and accepted as national ‘collective
conscience’ by many, It is these groups who are who are celebrating the death
of Guru, exhibiting their triumphalism.
In their petition to the
President of India, many social activists and academics point out “The fact
that the Court appointed as amicus curiae (friend of the court) a lawyer in whom
Afzal had expressed no faith; the fact that he went legally unrepresented from
the time of his arrest till his so-called confession, the fact that the court
asked him to either accept the lawyer appointed by the Court or cross examine
the witness himself should surely have concerned you while considering his
mercy petition.”
His personal history of being a
surrendered militant, victim of harassment and torture at the hands of STF, as
well as his statement in open court that he had indeed helped Mohammad, one of
the attackers on the Parliament, find a house and obtain a car, the same car
used in the attack, but at the orders of his STF handlers, should have spurred
a full-scale investigation into the allegations. The citizens of this country
do not know if one was ordered at all.”
The base on which Supreme
Court gave the judgment was built by the police with methods which are
questionable, which have also been reprimanded by the court in this case. The
argument on the other side was that if Guru is not hanged it will be an insult
to those who have laid their lives for defending the parliament
While Supreme Court deserves all
the respect, one has to see that the primary investigation done by the police,
with all its flaws formed the base of the judgment. When that investigation
itself had holes in it, should it be accepted as it is presented? When the
primary culprits are either dead are some of them absconding, can 'the whole
truth be out'? Or is it that somebody has anyway to be punished to quench the
thirst for revenge, and who better than the one who has a Muslim name and
happens to be from Kashmir . The whole trial of
Afzal needed to be relooked; the flaws of the investigation, the weakness of
and deliberate violation of norms by police authorities in particular.
The question which comes is why
the other assassins, the one’s of Rajiv Gandhi and the Punjab Chief Minister
Beant Singh are being given a different treatment? The assemblies of Punjab and Tamil Nadu have passed resolutions against
death penalties for these people, who were directly involved with the acts of
assassination. The whole issue boils down to as to how Indian state has treated
the Kashmir issue and how terrorism and
Muslims have been associated in the popular thinking. This thinking has been
deliberately promoted by the communal forces in the country. A section of media
has played a very negative role in promoting the divisive thinking in the
society. Section of media has acted as spokespersons for the police versions of
investigation. So the ‘collective conscience’ is the common sense asserted by
communal forces and imbibed by the others. It does reflect the state of our
democracy overall. Can we call ourselves as a democracy and indulge in minority
bashing; being high handed in matters of justice and citizenship rights in
cases of the vulnerable minorities.
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