[Reader-list] Why the delay in hanging Afzal Guru?

[Aditya Raj Kaul]

http://timesofindia.indiatimes.com/India/Why_the_delay_in_hanging_Afzal_Guru/articleshow/3774792.cms

*Why the delay in hanging Afzal Guru?*
30 Nov 2008, 0357 hrs IST, TNN

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NEW DELHI: A terrorist has been on the death row for three years now. Had he
been hanged after fair trail and all due review, it might have sent out
the message that India was going to be tough on terror.

Since September, 2005, when SC dismissed petitions seeking review of its
judgement upholding the death sentence on Afzal Guru in the December 13,
2001, Parliament attack case, the convicted terrorist has been marking time
in Tihar. Why the delay?

Just ahead of his execution, scheduled for October 20, 2006, Afzal's family
filed a clemency plea with the President (Abdul Kalam) who referred it to
home ministry. The file was then sent to Delhi government under a provision
that requires the views of the state where the crime has occurred. Delhi
government has not been in any hurry to convey its view. In fact, the file
has not moved at all.

An impression has grown, in the meantime, that the delay is political.
Afzal's sentencing triggered protests in Kashmir. J&K politicians like Omar
Abdullah and Ghulam Nabi Azad have pleaded against hanging the convict. So
has the PDP.
On one occasion, home minister Shivraj Patil said that hanging Afzal would
prejudice India's attempt to bring back Sarabjit, an Indian on the death row
in Pakistan. Comparing Sarabjit, who India denies was a spy, and a key
conspirator in the Parliament attack seemed completely out of place.

Meanwhile, groups claiming that Afzal did not get a fair trial, said he did
not get proper legal aid, that evidence against him was slim and he was
framed by the J&K STF.

The SC has dealt with the substantive points. It has noted that Afzal
refused to appoint a lawyer. SC held Afzal guilty of conspiracy and planning
a terror attack after knocking out his confessional statement.

The evidence against Afzal is staggering. His mobile number, recovered from
Mohammed, a slain terrorist who fell near Parliament's gate No 1, was a
crucial breakthrough. The court said that even minutes before the attack,
three calls were made by Mohammed to Afzal. Also, there was evidence that
the mobile was being exchanged between Afzal and Mohammed and other
terrorists.

The court noted that an instrument used by Afzal till December 12, 2001 was
recovered from a dead terrorist the next day. Also, there was recovery of
explosives, fake uniforms, a key laptop and identification of Afzal by a
landlord of a premise where the terrorists stayed. So, what is the Delhi
government's view?