In Defense of Afzal Guru,We Do Not Need Pakistan

I read an article in Tehelka now.

I am posting portions of the article by Prem Shankar Jha and some of the comments from the article.

I am, at the end of the post the Text of Supreme Court judgement on Afzal Guru.

Do read Afzal Guru on His Life and Mission.

We do not need people to instigate terrorism and de-stabilize India.

Article on Afzal Guru.

Afzal Guru
Afzal Guru

Kept hanging between life and death, between hope and despair, he has been denied even the time to accept his end and find the strength within himself to face it with dignity. This has driven him to the edge of madness and made him beg to be put to death immediately. but the Law has been as impervious to his pleas for death as it has so far been to others’ pleas to spare his life.

Every inquiry about what the government intends to do; every demand to hasten the president’s decision on his mercy petition, has been met with the lofty response, that there are a score of ‘cases’ ahead of him in the queue, so the wheels of justice cannot be speeded up for him alone. Of all the grotesque parodies of democracy that we live with, this insistence upon equality among the condemned is the most heartless.

But what is the grand process of Law that is taking so long? Last week we found out that it consisted of no more than some official in the Delhi state government losing Guru’s file for four years. but was his file really lost? Or was this Sheila Dixit’s favour to a central government that knows the moral and political cost of hanging Guru, but cannot muster the courage to recommend to the president that she commute his sentence to prison for life?..

Only the hopelessly naïve will not know the answer. The truth is that from the day he was sentenced Afzal Guru has been the foil in a no-holds-barred fencing match between the BJP and the Congress. Every other consideration — the morality of the death sentence, the injunction that it be applied in the rarest of rare cases, the possible impact of his hanging upon the youth of Kashmir, upon India-pakistan relations, and upon relations between the Hindus and Muslims of India — has faded into the background.

The match was not begun by the Congress. From the day that Guru was sentenced to death, the bjp has filled the air with taunts, diatribes, and accusations of cowardice and lack of patriotism, aimed at steamrolling Manmohan Singh’s government into hanging him regardless of the cost….


“Guru, on the other hand, has actually killed no one. He was a facilitator for a crime that would have been truly heinous if it had succeeded. but he believed he was striking a blow for Kashmir’s freedom. His motives were therefore similar to those of Laldenga, who led the Mizo insurgency for 24 years before striking a deal with new Delhi to end it.”..

How can the death of any one , even a terrorist create a ‘win-win ‘ situation for any one.Mr Jha oversimplifies issues and shamelessly creates propaganda for the congress. Sad to see that the calibre of people who write in Tehelka is so poor.We would like to read articles written by people who are unbiased and morally uprigh…

  • Wow Mr. Jha…Please first write to Islamabad to get the head of our soldier back…Maybe then we should read your rants about BJP and how traitors should be punished…

  • raj February 11, 2013 01:23

    Well done mr jha this guy was innocent he was charged purely on circumstantial evidence and given death penalty even the courts had there doubts but there are no doubts about modi and thackery the indian state doesn,t have the guts to charge them for killing thousands and media which is always playing on hype because its controlled by vested interests shameful democracy in democratic countries all are equal before the law in india that is unless you are muslim when the nato troops leave afghanistan next year then all the concentration will back to the eastern front the payback is surely coming

  • Harinder February 11, 2013 06:10

    Sriram, well said..people are no longer able to think. I applaud Tehelka!

    Supreme court Judgement on Afzal Guru.

    The net result of the above discussion is that the conspiracy to commit terrorist acts attracts punishment under sub-Section (3) of Section 3. The accused Afzal who is found to be a party to the conspiracy is therefore liable to be punished under that provision. Having regard to the nature, potential and magnitude of the conspiracy with all the attendant consequences and the disastrous events that followed, the maximum sentence of life imprisonment is the appropriate punishment to be given to Mohd. Afzal under Section 3(3) of POTA for conspiring to commit the terrorist act. Accordingly, we convict and sentence him.

    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 gang or 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.

    We shall then consider whether the conviction of Afzal under Section 120B read with Section 302 IPC is justified. The High Court upheld the conviction and gave death sentence to the two appellants under this Section. We are of the view that the conviction and sentence on this count is in accordance with law. The conspiracy has many dimensions here. It is implicit in the conspiracy to attack the Parliament that it extends to all the offensive acts intimately associated with that illegal objective. Indulgence in terrorist acts, killing and injuring persons who are most likely to resist the attackers, using explosive devices, firearms and other dangerous things in the course of attack, ‘waging war’ against the Government of the country are all various manifestations of the conspiracy hatched by the deceased terrorists in combination with the appellant Afzal.

    Full Text at.



Author: ramanan50

Retired Senior Management Professional. Lectures on Indian Philosophy,Hinduism, Comparative Religions. Researching Philosophy, Religion. Free lance Writer.Blogger

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