Much was being talked about the case of Afzal Guru, the convict of terrorist attack on the Parliament on 13 December 2001 in which nine security men were killed while protecting the parliamentarians. People wondered why the law did not take its course even though eleven years had passed when capital punishment for Guru was pronounced by a lower court. More anxiety was felt by the kith and kin of the martyred security men because they felt justice was delayed. They had even refused to accept the bravery medals Government offered them for their valiant wards posthumously. The opposition in the Parliament has even now continued to question the inordinate delay in executing the orders of the Apex Court.
Long delay has raised many doubts and suspicions. For examples, there are some circles among the civil society who think that terrorism is being politicized in the country. They mean to say that political mileage is being sought out of the terrorist cases like the one under discussion. The Government circles refute such charges and earnestly exhort commentators to desist from giving such crucial decisions a political colour. There are sound arguments on either side and it is difficult to categorically pronounce any judgment.
Delay raises doubts. It emboldens other miscreants and anti-social elements to accelerate their inimical and seditious activities because of the absence of deterrent and reprisal. It creates an atmosphere of apathy and uncertainty among the civil society. It makes people raise finger at the judicial structure and the efficiency of law enforcing agencies. Above all, it demoralizes the security forces rank and file, and the Government may even lose bit of trust of the people. These are all factual effects. But on the other hand, there are equally forceful arguments supporting the law take its natural course. We have comprehensive penal code and we have very complicated judicial procedures. A case in which capital punishment is a possibility in the context of the nature of the crime, the judiciary has to be extraordinarily careful and cautious that justice is not misbelieved. Capital punishment is not at all what the Governments like to happen much less a democratic Government. Moreover, capital punishment means exhausting all available sources of justice like appeals, reviews, mercy petition etc. It is a very difficult decision for the Government, for the judiciary and for the final authority that dispenses justice. Therefore the entire procedure has to go through each and every layer of law and procedure. That is precisely what has been strictly adhered to in the case of Afzal Guru. The law has been followed in letter and in spirit and no haste has been done to bring justice to one and all. Hence we find that the case took eleven years to reach its culmination. The Government or the judiciary cannot be faulted for observing even the smallest stipulation of law. That speaks for the integrity of our judiciary and the system. The essential purpose of prosecuting the person involved is neither vengeance nor vendetta. This is a case in which security and integrity of the entire nation were involved. The attack was on the very temple of law and justice in this country. Therefore the rationale of slow movement of the case needs to be understood. Even the mercy appeal by the wife of Guru to the President was considered very closely and rejected.
Yes there have been allegations that the terror case has been politicized. It is easy said than done. The entire process of prosecution has remained without any interference from the political chapters whether in or out of power. Therefore no one can accuse his political opponent for deliberate delay in bringing the case to its logical conclusion. It has to be remembered that our country enjoys the rule of law. The law enforcing agency has to satisfy itself of the decision it takes at the end of the day. There is absolutely no element of revenge or recrimination attached to the case of pure criminal nature. The judgment filling nearly four hundred pages has come with minutest detail of investigation and factual position. The delay in delivering justice is essentially happening because the law enforcing authority has to ensure that justice is done without favour and fear.
The verdict in the case of Afzal Guru is essentially based on the nature of the crime. It was an attempt at destroying the very basis of Indian State meaning her ideological and moral base. The attack was planned by a terrorist organization based in a neighbouring country and Afzal Guru was the instrument through which that terrorist organization executed its plan. It will be recalled that in 2002, a cabinet minister of Pakistan made a formal statement in Pakistan National Assembly confessing that the plot was hatched in Pakistan by Jaish-e Muhammad, a banned terrorist-fundamentalist organization. Guru had carried forward their agenda and was responsible for the killing of nine security guards of the Parliament. This was considered by the court as an attack on the sovereignty of the nation and hence deserved what law proposed. In a bid to do justice to all involved the Supreme Court has exonerated Jeelani owing to a doubt or a technical snag. This speaks for the integrity and honesty of the Indian judicial system.
The seccionists have given a call for hartal for three or four days in Kashmir valley. They have taken recourse to a dangerous decision. Who do they want to have camaraderie with, the Pakistan Government or the fundamentalist-terrorist group under one name or the other? They have lost their claim that they are peace loving people struggling for their cause. The people fed up with militancy and disturbances. The stage had been set for big influx of tourists and consequent improvement of the economy of the state. People might pull down the shutters of their shops but they do it under duress. That is what the even the seccionists know very well. They have also lost the opportunity of talking to New Delhi because they have volunteered for creation of confidence deficit. And all said and done, when things cross their limit the law of the land comes down with a heavy hand. . That is precisely what has happened in the case of Guru.
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