Afzal Guru’s hanging on 9th February, 2013 in Tihar Jail is no longer a big surprise for Kashmiris. As they have witnessed incidents like this in the past and have eventually come out of these shocks.
When JKLF supremo Maqbool Bhat was hanged in almost similar circumstances on the fateful day of 11th February, 1984 the situation was altogether different. It was an experience first of its kind for them as prior to that they were shying away from doing the ultimate. But as of now the situation has undergone a sea change. Year after year number of causalities in Kashmir has gone up and the people have died in thousands and there seems no end to it in the sight. Today they are ready to kill and get killed for no matter what cause or purpose. The bottom line is that the death and destruction has become an order of the day and its destiny. Afzal Guru’s hanging may not have caused any big upheaval or ripples but its fall out on future course of events won’t be good at all.
Chief Minister Omar Abdullah may have on his part washed off his hands from this incident and blamed centre for the carrying out of the execution of Afzal Guru without taking him into the confidence and on the other hand let lose his Uncle Dr. Mustafa Kamal to say for him the rest. Explanation given by Omar Abdullah that the hanging of Afzal Guru needed no consent or concurrence of the state government because no offence whatsoever had been committed within the territory of the J&K state while as it was necessary at the time of hanging of Mr. Maqbool Bhat for the reason that there were cases registered against him within the state. May be it is technically correct for him to say that. But what  actually stopped him from raising his voice if the concern he had expressed to the centre government that the carrying out of this execution will have serious short consequences for the sate came to be ignored by the centre.
Be it as it may be but there can be no dispute that every legal process has to follow the course of law but if that course of law is changed or deviated from its true course for an ulterior purpose or object. The very essence of the rule of law is lost and the stream of justice gets polluted. Hanging of Afzal Guru may have been a legal necessity but the timing and mode thereof cannot be said to be so. All those who had actually carried out the attack on the parliament were killed on the spot and in the process almost an equal number of cops on duty got killed as well. Afzal Guru himself was no way directly involved in this incident so he could have not been given so severe a punishment even if it is presumed to be true that he was behind this attack. A lighter punishment like life sentence under the circumstances would have been apt and appropriate.
Elections in India are round the corner and the Congress has formally announced its plan at Jaipur that the next general elections will be fought under the leadership of Rahul Gandhi and he will be their prime ministerial candidate if they are voted to power. But in a democratic set up we all know that it is easier said than done because votes and power in a democratic set up do not come by just asking. So it was realized that to achieve this objective, present political inertia and status quo, in the country cannot be allowed to continue for long. Interestingly Mr. Digvijay Singh who was on the forefront of the campaign to  handover reigns of Congress to party to Mr. Rahul Gandhi was first to issue a statement that the hanging of Afzal Guru should be carried out as soon as possible. Therefore the sudden decision to hang Afzal Guru is nothing but political.
(J.H.Reshi is a practicing lawyer at J&K High court and a freelance journalist.)
J.h.reshi@gmail.com

Lastupdate on : Mon, 11 Feb 2013 21:30:00 Makkah time
Lastupdate on : Mon, 11 Feb 2013 18:30:00 GMT
Lastupdate on : Tue, 12 Feb 2013 00:00:00 IST