New Delhi: Four years after its opinion was sought by the Centre, the file pertaining to the mercy petition of Parliament attack case convict Afzal Guru, who is in the death row, has been sent to the Union Home Ministry by the Delhi government.
The file was sent to the Home Ministry by Lieutenant Governor Tejinder Khanna after the Delhi government had referred it to him recently for his comments while backing the sentence with a rider that the implications of law and order situation should be closely examined while carrying out the execution.
"The Lt Governor has sent the file pertaining to Afzal Guru's mercy petition to the Union Home Ministry for further action," top sources told PTI.
It was after the 16th reminder from the Union Home Ministry seeking its opinion that the city government sent the file to LG's office for him to take a call in the matter.
The Delhi government, which was firm on the death sentence for Afzal Guru, on May 19 had sent back Afzal's file to Lieutenant Governor Tejinder Khanna. The L-G had had sought some clarifications on the Afzal Guru mercy petition. (
Lt Governor sends Afzal Guru's file back to Delhi govt: Sources)
After meetings were held at the offices of Tejendra Khanna and Chief Minister Sheila Dikshit, the Delhi government had made it clear that it stood by the Supreme Court's verdict of death sentence to Afzal Guru, the only man convicted for the 2001 Parliament attack. Afzal was sentenced to death eight years ago. (
Read: Delhi Lt Governor, CM hold meetings on Afzal Guru)
While backing the death sentence, the Delhi government also cautioned that there is a need to examine law and order implications while carrying out the Supreme Court verdict.
Earlier, the Home Ministry reportedly had pulled up the Delhi government for not responding to its letter asking for a status report. The ministry had written to the Delhi government on the mercy petition, which has been pending with the latter since 2006. (
Read: Delhi Government mum on Afzal Guru's mercy plea)
Guru was awarded the death sentence by a Delhi court on December 18, 2002 after being convicted of conspiracy to attack Parliament on December 13, 2001, waging war against the country and murder.
The death sentence was upheld by the Delhi High Court on October 29, 2003 and his appeal was rejected by the Supreme Court two years later on August four, 2005.
A Sessions court also fixed the date of his hanging on October 20, 2006 in Tihar jail.
The sentence was scheduled to be carried out on October 20, 2006, but Afzal's wife Tabassum filed a mercy petition before the President. Afzal's 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 matter had been hanging fire since then with the Dikshit government sitting on the Afzal file for nearly four years. The capital punishment awarded to Pakistani terrorist Ajmal Amir Kasab in the Mumbai attacks case brought the issue under fresh focus.
Afzal Guru is the face of one of the worst attacks in India's history. On December 13, 2001, five terrorists attacked the Indian Parliament. Seven security officers were killed and the Lashkar terrorists were gunned down.
Days later, the police arrested Mohammad Afzal known as Afzal Guru. A resident of Sopore in Kashmir, he was charged with plotting the attack. A year later, Afzal was found guilty and sentenced to death.
In the judgement at the time, 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."
Interestingly, two other suspects arrested in the same case - SAR Gilani and Afsan Guru - were acquitted for lack of evidence by the High Court, but in the case of Afzal the High Court was convinced of the charges.
Whether clemency should be granted to Afzal Guru, has been the subject of a volatile 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 Valley.
Even the Kashmir-based Peoples Democratic Party (PDP) has sought clemency for the Guru.
Jammu and Kashmir Chief Minister Omar Abdullah spoke to NDTV on Afzal Guru's mercy plea.
Omar 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 are 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. (With PTI inputs)