[Reader-list] jethmalani's and colin's letters on afzal

[Aman Sethi]

Colin Gonzalves responds to allegations regarding the demand for
lethal injection in the case of Afzal.
A.




Dear Friends,



I was taken aback to hear that certain persons are spreading a rumour
that I did not defend Afzal in the High Court and instead asked for him
to be put to death by lethal injection.



I was asked by advocate Nitya Ramakrishnan who appeared for Shaukat in
the High Court to defend Mohd Afzal.   Apparently many persons were
approached before me but were not available.  I was brought in at the
last moment, perhaps a couple of weeks before the arguments were to
begin in the High Court.   I was told that payment would not be possible
and that I would have to do the case free.



I gladly accepted even though  it meant sacrificing my other work
because I am totally opposed to the death sentence for any person.
This has been my consistent stand over years.



When I appeared for Afzal in the High Court, I found that there was
nobody to help me in those days except for advocate Nitya who was more
familiar with the case than I was since she had appeared in the Trial
Court.   Apart from her I found nobody interested in helping Afzal. I
believe campaigns were conducted to help the other accused and also to
raise money for them, but not one person met me during the six months of
the day to day proceedings in the High Court.   The expenses of the case
came to about Rs. 40,000/- because volumes of materials had to be
Xeroxed.  About half that amount was reimbursed by Afzal's cousin.   I
am putting this on record to emphasize that all the current champions of
Afzal coming on television were nowhere to be seen when they were needed
most.



I argued before the High Court for three weeks continuously.  I have
never argued that Afzal accepts his guilt and that he prays for death by
lethal injection.  I have my written arguments which were filed before
the High Court and anyone wishing to read them may contact me.   In the
250 page written submissions there is not one word on death by lethal
injection. In the High Court judgment there is not one word on that.



You must remember that in those days the High Court arguments were being
covered by a battery of journalists on a day-to-day basis.   Had I
mentioned to the Court that I want Afzal to die by lethal injection that
would have made sensational headlines.



I met Afzal in jail thrice.  On the second occasion he told me that
someone had informed him that I was asking for him to be put to death by
lethal injection.   I told him that I would never argue such a
position.  He was satisfied on that explanation and the issue was not
raised with me thereafter.



I spoke to Mr. Jethmalani who was also in Court during that period and
he has given me a letter which I am attaching with this document.

 Sd.

Colin Gonsalves












Ram Jethmalani
            Resi-Cum-Office:

Member of Parliament (Rajya Sabha)                                   2,
Akbar Road, New Delhi.

Senior Advocate
            Tel: 23794651, 23792287

Supreme Court of India
Fax: 23010944

Professor Emeritus

Symbiosis College of Law, Pune.







Date  : 10-10-2006

Dear Mr. Gonsalves,



            You appeared for accused Md. Afzal before the High Court of
Delhi at the hearing of the Death Reference in which Md. Afzal and two
others had been sentenced to death.



            I watched with admiration the manner in which you defended
your client.   It is all the more creditable that you agreed to appear
for him in the first instance and in the second place you did an
honorary job.  It was a very unpopular cause and many stalwarts had
refused to represent him.



            You acted at the request of a Human Rights Organization and
your junior Nitya in the case.   I believe she had appeared in the Trial
Court too.  You have acted in the best tradition of the Indian Bar and
everyone should be proud of your performance.



I have            with me the final summary of your submissions which
you made to the High Court running into nearly 250 pages.   I have
preserved it for my education and the education of the young lawyers who
keep coming to my Chamber for training in the art and practice of advocacy.



I can only imagine the amount of industry that must have gone into the
preparation of this massive volume and the enormous energy that you used
in your speeches as to the High Court over a long period of almost three
months.



I write this because I have been distressed to learn that Ms. Nandita
Haksar, an advocate has appeared before the media and made statements
against you which have no content of truth at all.   She is reported to
have said that you did nothing for your client except to tell the Court
that he deserves a lethal injection.  The impression that she has
created is that you made no effort to provide any legal assistance to
your client.



While I cannot believe that Nandita has made these false statements with
malice against you, I cannot but think that they are totally and
recklessly false.



I remember your argument that the provision of our criminal law which
sanctions death by hanging is a cruel and unusual punishment and is
constitutionally impermissible.   If this argument had succeeded there
was no provision left for executing the death sentence.  You were only
suggesting to the Court that there are more humane methods of carrying
out the death sentence and a lethal injection is one of them.   You
never suggested to the Court that your client is guilty but he should be
given such an injection.   I am quite sure Nandita did not understand
what was being argued.   It may be that she was wrongly informed by
somebody else.  Please forgive her.



I was quite impressed about by your eloquent argument supported by
extracts from the record that your client did not get a fair trial.   I
regret that this argument did not succeed with the High Court.  I am not
sure whether it was pursued in the Supreme Court.   It should have been
and might well have produced a welcome result.



I do want that you should help Md. Afzal in his family's Petition
invoking the presidential powers under Article 72 of the Constitution of
India.   That would raise your stature and will certainly add to the
reputation of our legal system.



With warm regards




Yours sincerely,


            Sd/-




(RAM JETHMALANI)





Mr. Colin Gonsalves

Senior Advocate

Supreme Court of India

65, Masjid Road

Near D.A.V. School, Jangpura

New Delhi – 110 014.