Thursday 1 September 2011

The HANGING verdict!



I have never been a proponent of the death penalty, and when Dhanonjoy Chatterjee was condemned to death after president Kalam rejected the mercy petition of this rapist and murderer of a minor girl in West Bengal, I wrote several letters against the death penalty to the editor of the Indian Express, participating in the letter-to-editor debate on the issue at that time. The debate notwithstanding, Dhananjoy was hanged in August 2004. The debate on capital punishment heats up every time someone is condemned to death by the courts of law. However, when the condemned person is a ‘commoner’ like Dhananjoy Chatterjee, the debate is usually confined on TV between the proponent and the opponent groups of the corporal punishment. Such debates hardly have any effect on the final decision by the courts. However, when the condemned convict happens to be an accused in utterly heinous but politically sensitive crime, the final outcome is not only liable to be delayed by the way of political interference, it is at times, without any inhibitions, attempted to be changed against even the supreme court’s judgment and the president’s rejection of the mercy plea. The same has happened when the TN high court temporarily set aside the Supreme Court’s orders as well as president’s rejection of the mercy plea, and granted a two-month stay to the execution of the three men convicted in Rajiv Gandhi’s assassination. The stay has been granted following the defense counsel Ram Jethmalani's argument that there was an inordinate delay of 11 years in carrying out the Supreme Court’s orders of the death sentence. The defense has requested the court to commute the sentence altogether owning to this ‘lapse’.  Whether or not this qualifies for a reason for the judgment to be changed is a matter of law, but I’m appalled by the fact that the president’s office sat on the mercy plea for 11 long years! I’m saying president’s office, because the office had two different presidents, along with two rival alliances ruling at the centre in these 11 years. Now, it’ll surprise many of you, but Dhanonjoy’s mercy plea was rejected in a matter of few weeks! As soon as the TN HC granted a two month stay, there were ostentatiously jubilant celebrations across TN, even as the TN assembly unanimously passed a resolution to approach the president of India for reconsidering the death sentence!! MDMK chief Vaiko went on to say that if Rajiv’s killers are hanged, TN would secede from the republic of India!!! Now, if there ever was a seditious / blasphemous statement made, it is this. Now, I consider social networking site like Facebook a good measure of the public sentiment. There was NO furore, whatsoever, on this issue. As if matters concerning TN and Rajiv Gandhi’s killers were foreign to us in this part of the country. And J&K CM Omar Abdullah dropped a virtual bomb yesterday by tweeting the unthinkable. He showed the audacity of comparing Murugan’s case (One of Rajiv’s killers. There are three on the death row, but I’ll use this name only for simplicity) with Afzal Guru’s. The opposition parties were immediately up in arms and started accusing Omar of playing ‘vote bank’ politics. True, but he had only tweeted, not acted. But why not similar accusations for the politicians of TN, who are not only openly seen defending the cause of Murugan, they have made the ‘struggle’ as they put it, official by passing that resolution in the assembly? Viako was on national TV shouting hoarse favoring the dead prime minister’s killers. All this makes me ask a few questions. But before I do so, I reiterate, for the fear of being labeled unpatriotic, that if Afzal and Kasab were to be hanged and they are not able to find a hangman, I’ll be happy to tie the noose around their necks and pull the lever. Now the questions:
1. Why anyone displaying sympathy for Afzal Guru is quickly accused of being unpatriotic, and pro-Pakistan, while there are no such sentiments against hordes of Tamils sympathizing with Murugan? Remember, for a patriot, being labeled ‘unpatriotic’ is the worst nightmare.
2. Why is there so much of public fury for the delay in hanging Afzal guru, and there was/is none for the delay in Murugan’s case? (There was in fact absolute silence on the issue and I came to know about the 11 year delay in Murugan’s case only through newspapers a week ago).
3. Why is the central government accused of being partial, allegedly for Muslim votes, when a procedural delay is seen in Afzal’s case? Why is no one accusing the government of being partial to the Tamils in Murugan’s case?
4. Why is the country tolerating Tamilnadu assembly's official stance on Murugan's case while the J&K assembly is not allowed to even think on these lines?

It is quite simple to see that in both cases, it is petty vote bank politics that has caused the delay in carrying out the sentence. It is the Tamil votes in Murugan’s case, and Muslim votes in Afzal’s case. But if public fury is directed against only one of the two cases, I’m sorry I’m living in such times.


5 comments:

shivinder said...

Ishtyaque, what would have any of the parties gained delaying the mercy plea of Dhananjoy Chatterjee?? After all looking at the sentiments with which people in our country vote, they need pawns like Murugan, Afzal and now Kasab to linger around long and heavy so as to capitalise on them as much and as long as they can..
Secondly, its for everyone to ponder what precedent we are setting overlooking decisions of the supreme court (By TN HC)or trying to blackmail the govt in an unconstitutional manner to get one's demands met (Team Anna)!!

shiv said...

I would say that Omar was spot on.... basically both the national parties kept quiet all these years as they needed the help of the TN parties for their coalitions at the center.... not that they dont now, but there is no future for these coalitions... congress with DMK disintegrating, BJP with AIADMK, the former wud shudder to touch the lady again. the revers (cong with AIADMK, and BJP with DMK) is possible but only under very very dire circumstances, and god forbid they arise, for, if it does, then the national party doing it wud be seen blatantly opportunistic.....

The files of the three convicts were gathering dust as a result of political opportunism (so rampant in this country that everything is a weapon to play politics with...) therefore, any surprise that things crop up now??

On the ground here in TN, every party wud like to keep its hands clear of a fallout of the hanging...the two main may be the saner ones, the fringe parties which may be needed for coalition in the future wud be in a frenzy. things are postponed for now, and it will come up again in 8 weeks time....

We have a very effective way of solving our problems.. let them lie till they die down on their own. For all u know all the death convicts will be dying a natural death... guru, murugan et al and kasab,

shivinder said...

Very well said, Shiv!

kia5087 said...

Well the bottom line is political opportunism is at play. The law of the land is twisted to suit the political need.

And what can the comman man do or say when heavyweights such as Ramjethmalani comeforward to the cause of the "Murugans".

I am from TN and when i see Pro Sri-Lankans tami posters mostly by the Viako group I wonder if these guys are bereft of any issues realted to the people of TN to fight for?

The whole thing stinks of opportunicm at its lowest.

Dr Sanjay Barot said...

This two cases are prime example of the rot in the system,of how low the politics in India can sink too? Both this cases are different from Dhanajoy case. This cases are a conspiracy against the Nation by outside forces which was executed by traitors and misguided youths One is the killing of ex PM for a foreign Policy matter(IPKF role in Sri Lanka) and other a attack on the Parliament and highest institution of democracy. Regarding the Rajiv Killers there was intially no politics involved, just a inordinate delay in system. Nalini the woman convict was pardoned by Sonia and Rajiv family more than 5 years back.The DMK when in power in TN and with UPA 1 and UPA 2 had opposed the commuting of their death sentence. It was for death sentence. But after being kicked stoutly out of power in recent assembly election it clutching at straws and trying to get even with Congress in perverse way. This also gave a much needed chance to Omar to play the kashmir card and to show how the stantards for Kashmir and rest of country are different. Meanwhile the Akali Dal had also pleaded for the clemency for Devendra Singh Bhullar a few months back. This is lowest ebb in our politics. If we even cannot show a united face in cases of National and territorial integrity, than my country is doomed. That is why we keep being attacked again and again from across the border and the whole world just pays lip service to our famed resilience and stoic patience. Meanwhile we keep merrily fighting like cats and dogs. Cry my beloved nation.