`Let ten guilty escape but one innocent should not suffer'. But what happened was the reverse
Hanging of Afzal Guroo in Tihar Jail in early hours of 9th Feb. with all kinds of secrecy have drawn wide spread comments as well as criticism from all sections of the society throughout country more particularly from the Valley for obvious reasons.While some political parties have welcomed it for their political compulsions at the same time others have condemned it for legal as well as ethical reasons. Hanging some one to gain a political mileage against a political opponent will be considered the worst kind of atrocity which will be falsely justified or tried to be justified on the basis of rule of law for ulterior motives and vested reasons but such kinds of misuse of rule of law in the long run will definitely prove to be counter productive when right minded people start losing faith in the system.
Hanging till death being the extreme punishment in our legal system has been declared to be a fit punishment by honble Supreme Court only and only in the rarest of rare cases and to my mind magnitude of the rarity should not have any political color to be defined with but should shake the conscience of a common man. Judged from this point of view Guroo did not deserve a death penalty as endorsed by the imminent legal experts in Country and even if assumed to be correct being given by the Supreme Court yet to meet the ends of justice was a fit case for commuting the same to life imprisonment by the President which he did not. Justice demands equality in all respects and circumstances which unfortunately was found rampantly wanting without any realization.
Stainely was burnt alive alongwith his two minor sons in his Wagon by Dara Singh but he was not hanged why.? Phoolan Devi as a decoit killed 20 Thakurs in UP on 30.Jan.1981 and was arrested in August 1983. After remaining in prison for 11 years came to be let of by the same Supreme Court without any trial on the plea that her case had taken twelve years without conclusion hence case was closed instead she became member parliament and was addressed as honble member in the august house of the parliament. Was this not a fit case then for hanging. Verapan's accomplices whose mercy petitions have been rejected on 13th Feb. by President have not been hanged but informed before hand to avail the chance of challenging the same before Supreme Court which they have done why this right was denied to Afzal Guru.
That no less a person than the reputed Supreme Court lawyer Mr. Sushil Kumar who represented the Afzal Guru in the Supreme Court has gone on record to say that he did not get the fair trial in the lower courts which is not only travesty of justice but is nothing short of brutalizing the justice. He has stated that Ajmal Kasab was given the best possible legal assistance which was unfortunately denied to Guru. His confession was recorded before media which though denied by the police later on yet the honble Supreme court believed that police has lied and did not find the same to be worthy of any credit yet to the utter surprise of Guru above mentioned counsel death penalty was confirmed to meet the `collective conscience of the people' as are the words used by the honble Judges than to meet the precious conscience of a judicious minds .
Hanging of Afzal Guru Will haunt Many right minded people for a long time for more than one reason and will have its own effects in the long run on the legal system and its impact in this country which is consistently pouring in daily in different articles. When dispensation of justice seems to become selective rule of law becomes the causality which in the ultimate analysis is bound to have adverse effects on the society. Afzal is no more before us but his death will haunt every one for a very longtime and the manner in which he was hanged has definitely bruised and battered the concept of Justice the slogan of which is;
“let ten guilty escape but one innocent should not suffer”.
In this case it seems the concept of criminal jurisprudence and justice has been reversed as;
“let innocent face gallows but collective conscience should not suffer”.
(B.A.Bashir is Sr.Advocate)
Lastupdate on : Mon, 18 Feb 2013 21:30:00 Makkah time
Lastupdate on : Mon, 18 Feb 2013 18:30:00 GMT
Lastupdate on : Tue, 19 Feb 2013 00:00:00 IST
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