It Would Have Made Sensational Headlines

Dear Friends,

I was taken aback to hear that certain persons are spreading a rumour that Idid not defend Afzal in the High Court and instead asked for him to be put todeath by lethal injection.

I was asked by advocate Nitya Ramakrishnan who appeared for Shaukat in theHigh Court to defend Mohd Afzal. Apparently many persons were approached beforeme but were not available. I was brought in at the last moment, perhaps a coupleof weeks before the arguments were to begin in the High Court. I was told thatpayment would not be possible and that I would have to do the case free.

I gladly accepted even though it meant sacrificing my other work because I amtotally opposed to the death sentence for any person. This has been myconsistent stand over years.

When I appeared for Afzal in the High Court, I found that there was nobody tohelp me in those days except for advocate Nitya who was more familiar with thecase than I was since she had appeared in the Trial Court. Apart from her Ifound nobody interested in helping Afzal. I believe campaigns were conducted tohelp the other accused and also to raise money for them, but not one person metme during the six months of the day to day proceedings in the High Court. Theexpenses of the case came to about Rs. 40,000/- because volumes of materials hadto be Xeroxed. About half that amount was reimbursed by Afzal's cousin. I amputting this on record to emphasize that all the current champions of Afzalcoming on television were nowhere to be seen when they were needed most.

I argued before the High Court for three weeks continuously. I have neverargued that Afzal accepts his guilt and that he prays for death by lethalinjection. I have my written arguments which were filed before the High Courtand anyone wishing to read them may contact me. In the 250 page writtensubmissions there is not one word on death by lethal injection. In the HighCourt judgment there is not one word on that.

You must remember that in those days the High Court arguments were beingcovered by a battery of journalists on a day-to-day basis. Had I mentioned tothe Court that I want Afzal to die by lethal injection that would have madesensational headlines.

I met Afzal in jail thrice. On the second occasion he told me that someonehad informed him that I was asking for him to be put to death by lethalinjection. I told him that I would never argue such a position. He was satisfiedon that explanation and the issue was not raised with me thereafter.

I spoke to Mr. Jethmalani who was also in Court during that period and he hasgiven me a letter which I am attaching with this document.

Sd Colin Gonsalves