Not surprisingly, the hanging of Afzal Guru has stirred up quite a controversy. There are several reasons for this. The matter had been kept pending for so long that when the decision was finally taken, from the timing and the manner in which it was executed, it seemed to large sections of the people that it was cynically guided by political considerations. The secrecy that surrounded the event, where even his wife and family came to know about it through the media after the act, and the fact that Afzal Guru did not get a chance to challenge the president’s rejection of his mercy petition suggest that the Congress did not want to take any chances. Was it such an open and shut case against Afzal Guru?
It doesn’t help that what transpired with respect to the other co-accused in the Parliament attack case—SAR Geelani, Shaukat Hussain Guru and his wife, Afsan Guru—establish a telling contrast. Also sentenced to death by a special POTA court on charges of conspiring in the attack, the Delhi High Court subsequently acquitted Geelani and Afsan Guru. According to published reports, the high court said the evidence on which the lower court relied on convicting Geelani did not stand up to scrutiny. The court determined that the prosecution had failed “to bring on record evidence, which cumulatively forms a chain, so complete that there is no escape from the conclusion that in all human probabilities Geelani was involved in the conspiracy”. So, from death to complete acquittal it went. In the case of Afsan Guru, who had been sentenced to five years rigorous imprisonment (RI) on the lesser charge of concealing knowledge of the conspiracy, the court determined that “even the offence that she had knowledge of the conspiracy and failed to report it to the police is not established”. As for Shaukat, the Supreme Court modified the death sentence and gave him ten years RI. He was set free in December 2010, nine months before his term ended—on account of good conduct.
As for Afzal Guru, it has not gone unnoticed that barely a week after participating in the conspiracy, he seems to have suffered pangs of conscience and freely incriminated himself and Shaukat, and Geelani and Afsan in a POTA-induced confession. A DCP wrote (in English) as Afzal narrated between 7.10 pm and 10.45 pm, on December 21, that he helped arrange accommodation for the terrorists, helped procure mobile phones, chemicals for the explosives, an ambassador car, dry fruit, among other things, all of which were ultimately used in the fateful attack. According to the gist of the confession: “Meetings were also arranged in the house of Shaukat for deciding the future course of action. In those meetings, Geelani and Shaukat’s wife Afsan also used to be present. In the meetings, various targets such as the Delhi Assembly, Parliament, UK and US embassy and airport were discussed... A final meeting was held in the house of Shaukat in which all were present (my emphasis) and plans for an attack on Parliament House were finalized.” And then, on the night of December 12, the chief terrorist told Afzal that they were going to attack Parliament House the next day.
Confusing? Well, here is another contrast: The other erstwhile conspirators live freely while Afzal rots under the ground. Yes, isn’t it frightening to think that with slightly better legal representation, Afzal Guru might have gotten away?
sudarshan@newindianexpress.com