It has been argued that Afzal was not involved in the actual shooting. If he was involved in the conspiracy and participated to facilitate it, his guilt is no less than if he had pulled the trigger. Indeed, in some ways conspirators who leave the dirty work to others may be morally more reprehensible.
It has been argued that Afzal’s hanging could ignite a revolt in Kashmir. This is the worst argument. If the government buckles down to absolve punishment of a terrorist for fear of a popular backlash, it may as well stop governing. The people of Kashmir may have genuine grievances. Some of their leaders demand self-rule. Some have struggled for 50 years. The government of India has its own legitimate security concerns. Sympathy for the Kashmiris should be shown by engaging in a sincere dialogue about how their aspirations can be reconciled with national security concerns. This is what Chief Minister Ghulam Nabi Azad should have attempted instead of demanding clemency and later retracting it by claiming he was misquoted.
Another argument relates to abolishing the death penalty. The death penalty in civilised society has been the subject of fierce debate across the world. Strong arguments have been adduced both for and against capital punishment. It is a serious issue and it merits a full debate. But not while the fate of a single case is being discussed. Why can’t the media and politicians thrash out this issue when no crisis looms to distort thinking? So, while the issue of capital punishment does require debate, the subject cannot be raised expediently in the context of a particular death sentence.
Most of these arguments may be thrown in the trash can. There is only one valid reason why the death sentence might not be administered to Afzal. And that reason would arise if it were proved that, during the investigation and trial there had been miscarriage of justice. In other words, if it is shown convincingly that Afzal is innocent and that the Supreme Court has erred in its judgement.
Some have, in fact, argued that Afzal is innocent. Evidence has been quoted to strengthen this claim. Those who claim this should collect facts, marshal arguments, and file a judgment review petition in the Supreme Court. The rest is publicity-hunting.
(Puri can be reached at rajinderpuri2000@yahoo.com)
