Should Afzal Guru be sent to the gallows ?

India
January 20, 2007 4:27am CST
myLot.com users too must ponder over the question that brought disquiet among the people of J&K as well as in political circles. Does Afzal deserve the extreme punishment ? Let us give a thought. PANGS OF JUSTICE What is in a name ? They call him Mohammad Afzal. He could even have been called a "Kalaam" or an "Irfan". It was not a name that did an osama at the twin towers. Ironically, even the name that drafted the Indian Constitution is no more. Ambedkar is gone never to return and the entire universe will agree with me on this assertion. This being the case, there is no chance for getting the over half a century old Indian Constitution redrafted all over again. Thus, the only alternative left for imparting the so called "social, economic, political including secular justice" is via the people of India and through them the President, who has to decide whether Afzal should pay with death for what Ambedkar failed - excuse me for saying it - failed even to suggest a rider to the preamble of the Indian Constitution. I leave it at that. A SECOND THOUGHT Had Mohammad Afzal been born elsewhere in a muslim country, he would now have been living happily united wtih his family, not having to conspire against a country which failed to accept his community as sons of the same soil. However, circumstances made him a victim of his own destiny, perforce having to endure the disgrace of seeing his own fellow muslims being ill-treated at the hands of his own countrymen, having to account for a crime that perhaps neither he nor his own community committed at Godhra, having to watch people of his community being slain and butchered in Gujarat, having to accept the statusquo of a razed msjid at Ayodhya, having to watch women and children of his community being discriminated against, to the extent of being made scapegoat for any and all ill-doings of some reckless stray elements takin advantage of the vulnerability of Indian culture, having been destined to live a life of horror and panic in a country that is heaping insult over injustice on minorities as in his case, and last but not the least, having to suffer the ignominy of being denied an opportunity to any of the minorities in India to be elevated to the post of a Prime Minister, a post monopolized by the Hindus constituting a majority in his own country through high-handed manipulation. What can such a hapless victim of similar circumstances stake his claim for but the noose, which the communal party of the nation is aching to hand it over to him on a platter ? A HALF DEMOCRACY THAT IS INDIA It is an irrefutable fact that the Indian Constitution germinated on a Hindu land, under the auspices of a Hindu law for the government of a Hindu majority, advocating a hindu "ISM", which deprives a human being (read Mohammad Afzal) from getting a Muslim-oriented justice. Nobody can erfute this ground reality over which the country's fraternity rests. In the interest of a fll-fledged and conspicuously transparent democracy (oft repeated by Panditji viz. of the people, by the people and for the people), a mandatory clause allowing the inclusion of a panel of judges constituted from among the community to which the accused belong, ought to find its way into the Indian Constitution. In the absence of such a provision, the Indian Constitution would appear like an autocratic Hindu-oriented doctrine. As a matter of fact, hitherto no community whether from the Muslim, Christian, Budhist or any of the faithful from the divergent religions coexisting in India, have ever dared to demand the inclusion of this basic right so benevolently overloked in the Indian Constitution. Here lies the basic right that Afzal and his community forming an integral segment of Indian population, have been divested with. Where then is the essence of democracy which should give equal opportunity and secular justice to communities of other category ? How can a gagged citizen exert his right in an environment that hardly allows him to worship in peace ? Is democracy itself a noose whereby one has to refrain from making a say ? I leave it here. PARTING JUSTICE I would like to remind those who are vehemently gesticulating for his death that, ever since he was convicted, Afzal is on record having sought a 'fair trial' as a final wish. All through the drama of court proceedings, he has been silently awaiting the ultimate that is to befall on him and his family. Law has caght up with him, and he knows for sure that there is no escape route but to follow the one only way where noone would dare set foot on to. Ever since his conviction, he hs been a resigned man to the extent of being conviced that justice will be loathe in coming to his aid but for a last minute change of mind here or there. Recent developments beginning with his conviction, fixation of date for his exection followed by an appeal for mercy fowarded by his kin (later by him as well) to the President of India and the public outcry to save him from the gallows, has given a respite to Afzal to look forward to some change of heart by the President of India, who is known to be a person who will not compromise on principles. Incidentally, things are looking up with the date of execution slated for 20th October, 2006 having been put off. However, the real Afzal, who must be convinced that what he did was grave and worthy of condemnation, must be passing time behind bars counting the days in his cell. Surely, once convicted, he must have got it firmly in his mind that time is ebbing out of his persnal history. Afzal is as much a human being as those very criminals who mercilessly butchered thousands of his community members in Gujarat but are roaming scot free today, thanks to the political heavyweights and diabolical hoodlums with the arm of law firmly in the grip of their sympathisers. Namin them is like getting the hands soiled by the filth of their own criminal activities. Afzal has been steadfast in his demand for a fair trial. All eyes are now on the President of India to weight the odds and cast his mind on the situation. Who can say that a mercy granted to Afzal allowing him to live on will not set his mind in motion to soothe teh minds of his own Muslim brethren to shun the path of violence and bring those who have strayed away back into the one fold of a united nation ? The well wishers of Afzal, on their part, anxiously await a gesture of goodwill from the President so as to allow a hapless victim of circumstances to come out of his confusion and consternation. Now back to where we started - Is he guilty or not ? Since the Muslim community has had no hand in the verdict, I would have to negate, and vehemently so, from giving a verdict of the like that has come to pass. Nothing more to add ! MyLot.com users in India or abroad may have their views on this issue.
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