[Reader-list] Letter from Mohammed Afzal-to be hanged on the 20th...

mahmood farooqui mahmood.farooqui at gmail.com
Sat Oct 7 16:36:20 IST 2006


Letter to Sushil Kumar, senior advocate Supreme Court. This was the
only stage when Afsal had a lawyer of his choice. But as you know, a
criminal case is made at the trial stage (in the sessions court) when
you cross-examine witnesses. At the HC and SC you don't can't into the
evidences. And in the lawyer court there was no lawyer for Afsal.


Respected Shri Sushil Kumar;
Hello (I) I am extremely thankful and feel very much obligated to you
that you have taken up my case and decided to defend me. From the
beginning of this case I was neglected and had never been given a
chance to reveal the truth before media or in court. The designated
court did not provided me the lawyer inspite of giving three
applications. In the high court one human rights lawyer asked the
court that Afzal had expressed his desire that he want to be killed by
toxic injection rather by hanging which is absolutely false. I never
told this to my lawyer. Since that lawyer was not of my own choice (or
my family) but it was due to my helplessness and non-accessibility to
proper lawyer. Being locked up in high security jail and without being
in communication with that human rights lawyer I could not change him
or to convey my objection regarding my death desire to highcourt as I
came to know this after high court's decision.

In the parliament attack case I was entrapped by Special Task Force of
Kashmir. Here in Delhi the designated court sentenced me to death on
the basis of special police version which workes in nexus with STF,
and also came under the influence of mass media in which I was made to
accept the crime under duress and threat by special police A.C.P.
Rajbir Singh. That threat even get confirmed to designated court by
T.V. interviewer (Shams Tahir Aaj-Tak).

When I was arrested in Srinagar bus stand I was taken to STF
Headquarter from here the special police along with STF brought me to
Delhi. In Srinagar at Parompora Police Station everything of my
belongings was seized and then they beated me and threatened me of
dire consequences regarding my wife and family if I reveal or disclose
the reality before anybody. Even my younger brother Hilal Ahmad Guru
he was taken into police custody without any warrant etc. and was kept
there for 2-3 months. This was first told to me by A.C.P. Rajbir
Singh. Special police told me that if I will speak according to their
wishes they will not harm my family members and also gave me false
assurance that they will make my case weak so that after sometime I
will get released.

 The most important priority I gave to safety of my family. As I know
from last seven years how the STF men kill, the Kashmiris, how they
had made youth invisible and had disappeared them while killing them
in custody. I am living and organic eye-witness to various tortures
and custodial killings and I am myself the victim of STF terror and
torture. Being an surrendered militant of JKLF I was constantly
harassed, threatened and agonized by various security agencies like
Army. B.S.F. and S.T. F., But since S.T.F. is unorganized, without
being accountable a band and gang of renegades patronised by state
government. They intrude every house, every family everywhere in
Kashmir anytime day or night. If anybody is picked up by STF and his
family came to know this, then family members only wait to get his
dead body which they hope. But usually they never came to know his
whereabouts. 6000 youthes have disappeared. Under these circumstances
and under this fearful environment persons like me are always ready to
play any dirty game in the hands of S.T.F. Just for the survival. The
people who are able to pay in terms of cash are not forced to do the
diryt things the way I did as I was not able to pay. Even one of the
policeman of the same police station of Parimpora named Akbar had
extorted 5000 Rs. Long brfore attack and threatened me that he will
charge me as selling duplicate medicines and surgical items of which I
was doing business at Sopore, in 2000. He came here in designated
court and became a witness against me. He was knowing me before
parliament attack. In the court room he told me in Kashmiri that my
family is o.k. indirectly it was a hidden threat which the designated
court hardly could realise otherwise in court I would have questioned
him but before court started recording his statement he told me this.
Throughout the trial I remained mute and helpless spectator as
witnesses, police and even judge they all became a single force
against me. I remained a frustrate bewildered and confused between the
security and safety of myself and my family. I protected and saved my
family. That is how I am lying in deathrow.


II. In 1997-98 I started a business of medicines and surgical
instruments on commission basis as I could not get a govt. job due to
the reason of being an surrendered militant. Because surrendered
militants were not given jobs. They were either to work as SPOs or STF
or to join the renegades under the patronage of security forces or
police. Everyday SPOs were get killed by militants. In these
conditions I started my commission based business earning 4000Rs. –
5000Rs. per month. But since the police informers (SPOs) usually
harass those surrendered militants who do not work with S.T.F. etc.
>From 98-2000 I usually used to pay 300Rs. sometimes 500 Rs. to local
SPO so as to keep myself in business otherwise these SPO make us to
present us before security agencies. Even one of the SPO one day told
me that they too have to pay their bosses. As I was working hard in my
business my business flourished. One day at 10 AM I was on my Two
wheeler scooter that I had purchased just before two months. I was
whisked away by STF men in bullet proof gypsy to ------- camp. There
the D.S.P. Vinay Gupta tortured me, electrified me—put me in cold
water – used petrol—chillies and other techniques. He told me that I
possess weapons but at evening time one of his inspector Farooq told
me that if I can pay 1000,000 Rs. to him (D.S.P) I will be released or
they will kill me. Then they took me to Humhama STF camp where D.S.P.
Dravinder Singh also tortured me. One of his torture inspector as they
called him Shanty Singh electrified me naked for 3 hours and made me
drink water while giving electric shocks through telephone instrument.
Ultimately I accepted to pay them 1000000Rs. for which my family sold
the gold of my wife. Even after this they could manage only 80000 Rs.
Then they took the scooter too which was just 2-3 months old which I
bought for 24000Rs. Thus after getting 1lakh rupees they let me free.
But now I was a broken person. In the same Humhama STF camp there was
one more victim named Tariq. He suggested me that I should always
co-operate with STF otherwise they will always harass and will not let
me to live normal—free life. This was a turning point of my life . I
decided to live the way Tariq told me. Since from 1990-1996 I had
studied in Delhi University I was also giving tuitions in different
coaching centres and also home tuitions. This fact reached to the man
named Altaf Hussain who is brother-in-law of S.S.P. Ashaq Hussain of
Budgam. Since it was this Altaf Hussain who managed my family rather
he became the broker between my family and D.S.P. Humhama Dravinder
Singh. Altaf told me that I should teach his two children one on 12th
, 2nd [second one] in 10th class as his children were not able to go
outside for tuition due to militant threat. Thus I became very close
to Altaf's and Altaf also. One day Altaf took me to Dravinder Singh
(D.S.P.). D.S. told me that I had to do a small job for him that has
to took one man to delhi as I was well aware about Delhi and has to
manage a rented house for him. Since I was not knowing the man but I
suspected that this man is not Kashmiri as he did not speak in
Kashmiri but I was helpless to do what Dravinder told me . I took him
to Delhi. One day he told me that he want to purchase a car. Thus I
went with him to Karol Bagh. He purchased the car. Then in Delhi he
used to meet different persons and both of us he Mohammad and me used
to get the different phone calls from Dravinder Singh. One day
Mohammad told me that if he want to go back to Kashmir he can. He also
gave me 35000Rs. and told me that this gift is for you. 6 days or 8
days before I took a rented room at Indra Vihar for my family as I
decided to live in Delhi with my family because I was not satisfied
with my this life. I left the keys of rented house to my land lady and
told her that I will be back after Eid festival on 14th Dec. after
parliament attack about which there was a lot of tension. I contacted
Tariq in Sgr. [Srinagar]. At evening he told me when I came back from
Delhi. I replied just one hour before. Next morning when I was about
to leave to Sopore from bus stand Sgr. police caught me and took me to
Parampora police station . Tariq was there also with STF. They took
35000 Rs. from my pocket, beated me and directly took me STF Head
Quarter. From there I was taken to Delhi. My eyes were blind folded.
Here I found myself in special police torture cell.

In special cell custody I told them everything regarding Mohammad etc.
but they told me that I Showkat his wife Navjot (Afshan) Geelani are
the people behind parliament attack. They too threatened me regarding
my family and one of the inspector told me that my younger brother
Hilal Ahmad Guru is in STF custody. They can lift the other family
members too if I don't co-operate with them. They tried me and forced
me to implicate Showkat his wife and Geelani but I did not yield. I
told them this is not possible. Then they told me that I should not
say anything about Geelani (be about his innocence). After some days I
was presented before media hand-cuffed. There were NDTV, Aaj tak, Zee
news, Sahara TV etc. Rajbeer Singh (A.C.P.) was also there. When one
of the interviewer Shams tahir told me what is the role of Geelani in
parliament attack, I just said that Geelani is innocent. This moment
A.C.P. Rajbeer Singh got up from his moving chair he shouted at me and
told me that he had already said me not to speak about Geelani in
front of everybody (Media-personnel). Rajbeer Singh's behaviour
exposed my helplessness and media personnel atleast came to know that
what Afzal is saying under threat or duress. Then Rajbir Singh
(A.C.P.) requested T.V. personel that the question regarding Geelani
should be washed away or not to be shown before public. At evening
time Rajbir Singh told me that if I want to talk [to] my family. I
replied in yes. Then I talked to my wife. After finishing my phone he
told me if I want to see my wife & family alive I must co-operate
[with] them at every step. They took me to various places in delhi.
>From where they showed that Mohammad had purchased different things.
They took me to Kashmir from where we came back without doing
anything. They made me to sign on atleast 200-300 blank pages.

I was never given an [a] chance in [the] designated court to tell the
real story. The judge told me that I will be given full opportunity to
speak at the end of case but at the end he even did not recorded my
all statements neither the court gave me whatever even court recorded.
If phone numbers recorded will be seen carefully the court would have
come to know the phone numbers of STF.

Now I hope that the Supreme Court will consider my helplessness and
the reality through which I had passed. STF made an [a] scapegoat in
all this criminal act which was designed and directed by STF and
others which I don't know. Special Police is definitely the part of
this game because every time they forced me to remain silent. I hope
my forced silence will be heard and justice will prevail.

I once again pay heart felt thanks to your good self for defending my
case. May truth prevail!

(Sd)
Mohammad Afzal
S/O Habibullah Guru
Ward No. 6(High Security Ward)
Jail No. 1, Tihar
New Delhi 110064



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