Monday, December 25, 2006
To hang or not to Hang..........
Afzal... The name arouses extreme reactions. One of hatred for facilitating a crime against the Indian State. One that draws compassion for he is'nt the crux of the issue. One that draws all of us into a new debate where we question whether his death penalty should be commuted to a life sentence.
My take: It's a simple issue made complex by those who disagree with the punishment meted out. There's is no denying that Afzal has been convicted/guilty of a crime he commited. Indulging in arguments in order to prove his innocence amounts to blasphemy. The supreme Court has found him guilty. And questioning the credibility of the judgement by those seeking clemency on the grounds that he is innocence is foolish. As it's the same court that let off SAR Geelani.
So please dont stick to a position that the Supreme court got it wrong in the case of Afzal as aquiting him should draw the same arguments. Dont stick to positions where u reason's his innocence on the grounds that the Court's could have got it wrong, just cause it's convenient to your argument that Capital punishment is'nt appropriate.
So lets keep the two issues seperate. One is whether his guilt/crime Commensurates with capital punishment and the second one of clemency i.e. whether he should be executed.......
Those seeking his clemency argue that he should not be hanged on the grounds that he was only a facilitator. What Crap!!! Osama didn't fly the plane to 9/11 so he is'nt guilty. Just cause I sell a product that illegal(drugs et al) and dont consume it, I should be pardoned as the choice is with the person who consumes it. Afzal is guilty and a crime that grave and in no small measure, of a crime against India's biggest symbol of Democracy, Its parliament.
So dont find reasons just cause you do not agree if death/capital punishment isn't appropriate.
Now the question of clemency. Arguments are that Kashmir will go up in flames. Wouldn't Gujrat go in flames??? Wouldn't the North East go up in Flames??? Oh C'mon! Let's be honest. The issue would have wider implications than Kashmir.
If the Court has sentenced Afzal, its cause its the law of the Land. And please stick with it! Dont Complicate issues and mix it with the pros and cons of Capital Punishment.
Clemency should be granted on grounds of age, family..... compassionate grounds and please kep the gravity of the crime always whilst arriving at any decision. Soli Sorabjee has consistently remarked that granting him Clemency would set a bad precedent. A bias towards a certain section. I am sure that if Kasmir wouldn't go up in flames other states would. And what's the assurance that ist wouldn't happen otherwise. Should we hold the courts to ransom cause a certain state would go up in flames. It's not about Kasmir but other states as well that would go up in flames or very well would use it as a excuse.
I do not support Capital Punishment. But that's a different argument. And has Afzal been punished or sentenced appropriately for a crime he has committed?? Yes, so please go by what the law of the land say's and please do not set a bad precedent. Period.
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