Abolish Capital punishment if you cannot implement the law of land
The bomb blast at the reception counter of Delhi High Court has shifted the focus back on those who have been convicted to be hanged. These terrorists on the death row have benefited from a system where the will power of the state is missing, it is dilly-dallying and the political push and pressure is creating a situation conducive to continued terror attacks.
There are people who argue, and rightly so, that had Afzal Guru (one individual) been hanged, the death of 12 innocent people (who died in the High Court blast) could have been prevented. They ask: Is one life, and that too of Guru, more precious than those who died in the blast. No one has the right answers and certainly not those in the government. No one knows when will Guru’s turn for the gallows come and till when his supporters will keep blasting innocent victims to death.
Soon after the blast, an e-mail, sent by terror outfit Huji claimed responsibility saying if the government did not “repeal” Afzal Guru's death sentence, it will target other courts and the Supreme Court next.
As I have covered the Delhi High Court as a Reporter for the Hindustan Times, where I was working then, the blast was in a territory where I visited almost everyday for more than a year. It causes more pain and anguish when you know that no one is safe and it could well have been me, my colleague, friend, relative, neighbour or any other citizen. And whose fault is this? Fingers would only be pointed towards the “soft” state and political brinkmanship.
Only a few days ago, Jammu and Kashmir Chief Minister Omar Abdullah raked up the issue of Afzal Guru and tweeted about clemency to the Parliament House attack convict whose mercy petition has been rejected by the President and referred to the resolution of Tamil Nadu Assembly on clemency to three in the Rajiv Gandhi assassination case.
Not only J & K, another border state Punjab , which has seen terror at close quarters for two decades, too is playing with fire. Instead of disassociating itself from the acts of Devinder Pal Singh Bhullar, the state government has repeatedly asked for clemency for the terrorist, who is responsible for killings and bomb blasts in the heart of Delhi Punjab that a resolution should be passed in the state assembly and sent to the central government.
Ironically, it was a similar mindset amongst a section of the Congress and the Akali Dal leadership in the late 1970s and early 1980s which saw a mayhem in Punjab with thousands killed in the mindless violence. The common people of the state have not yet got over the nightmare which gripped the state for almost two decades. The bitter lesson seems to have been forgotten so soon.
I am not into the merits or for that matter the demerits of capital punishment. Let the sociologists, the criminologists, human right groups argue that in perpetuity. I do not come in either of the categories. But the point is if you cannot legally hang somebody even if the person concerned has committed the most heinous crime and the highest court of India and even the President of the country has given a go ahead, why keep the façade of death penalty at all in your legal system. It would be better if capital punishment is done away with as in any case you cannot implement the order. There would be some smart lawyer somewhere who will invariably find that it is cruelty if you do not hang someone after the death punishment has been pronounced.
In that case, if death penalty is done away with, at least there would be no controversy. No political party would be pitching for the Afzal Gurus, Devinder Pal Bhullars and the Murugans, Arivus and Santhans of this world. All of them, including Kasab, would live all their life and die naturally in their old age. The Dravidian parties, Akali Dals and the National Conferences would not make an issue out of capital punishment. At least this would be settled once and for all. But do not procrastinate. You take a decision either way. Don’t say that taking no decision is a decision in itself.
Alternatively, why not make a law that no one who has committed a terrorist crime will be sent to the gallows. Make an amendment in the Indian Penal Code which says that only the common murderers, who have no political backing, will be hanged and not those who indulge in bomb blasts, shoot outs and anti-national activities.
As a student of history and politics, I had studied in the text books that after the Supreme Court confirms the death penalty, the President of the country can pardon anyone or reject mercy petitions. The textbooks never mentioned that after a mercy petition had been rejected, state governments could build political pressure, pass resolutions in assemblies in favour of the killers, write letters to the Prime Minister and President for reviewing the rejection of mercy petitions so on and so forth. This is a new lesson for all us.
Huji is in favour of clemency to Guru so is an independent J&K MLA while the CM Omar Abdullah is sympathetic. The Dravidian parties are sympathetic to the Rajiv Gandhi killers and so are the run-away members of the now defunct LTTE. Akali Dal is in favour of mercy for Bhullar and so are the remaining members of terror groups like the Khalistan Liberation Force and organisations with the name “Khalistan” prefixed or suffixed with them. The line is blurring and this is a cause of anguish and concern for the citizens.
(The writer is Senior Editor, The Pioneer, Chandigarh
11.09.2011
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