New Delhi:
The Home Ministry is yet to take a final decision on the mercy plea of Parliament attack convict Afzal Guru.
Contrary to reports, Home ministry sources have denied sending any recommendations to President Pratibha Patil on Afzal's mercy petition.
Afzal Guru, or Mohammad Afzal, was convicted for plotting an audacious attack on the Indian Parliament on December 13, 2001. Five terrorists had attacked Parliament House in the Winter session, killing seven security personnel, before being shot dead.
Days later, the police arrested Mohammad Afzal, a resident of Sopore in Kashmir. Afzal was found guilty and sentenced to death by a sessions court in 2002. The sentence was upheld by the High Court, and finally, the Supreme Court in 2004. The execution was set for October 2006, but his wife appealed for mercy. Afzal has been on death row since.
The Delhi government had recently sent its recommendation to the Home Ministry that Afzal Guru's mercy plea be rejected, after having sat on the file for nearly four years. The death sentence awarded to Pakistani terrorist Ajmal Amir Kasab in the Mumbai attacks case brought the issue under fresh focus.
The death sentence
When awarding the death sentence to Afzal on December 18, 2002, the trial court judge had said, "The incident, which resulted in heavy casualties, has shaken the entire nation and the collective conscience of the society will be satisfied if the capital punishment is awarded to the offender."
Two other suspects arrested in the same case - SAR Gilani and Afsan Guru - were acquitted for lack of evidence by the High Court, which, however upheld the death sentence for Afzal on October 29, 2003. His appeal was rejected by the Supreme Court two years later, on August 4, 2005.
A sessions court fixed the date of his hanging on October 20, 2006 in Tihar jail. But Afzal's wife Tabassum filed a mercy petition before the President and the execution was stayed.
According to procedure, the President sought the Home Ministry's views on the mercy petition and the Home Ministry asked the Delhi government to give its views.
The clemency debate
Whether clemency should be granted to Afzal Guru, has been the subject of a huge political debate. Human rights groups say Afzal did not get a fair trial. The announcement of the date of Afzal's hanging also led to large-scale demonstrations in the Kashmir Valley. Even the Peoples Democratic Party (PDP) has sought clemency for the Afzal.
Jammu and Kashmir Chief Minister Omar Abdullah, while speaking to NDTV some months ago, said, "Media should not hang a person before legal system decides, there are procedures to be followed on Afzal's hanging." Omar also said that there were many convicts on death row before Afzal.
On the other side of the divide is the BJP, which has repeatedly attacked the UPA government for delaying Afzal's hanging saying if Afzal is not hanged, India will be seen as a soft state.
Many believe that now with Kasab's death sentence, the government has been forced to act on Afzal Guru.
(With PTI inputs)