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Afzal’s wife files mercy petition
Counter appeal by kin of Parliament attack victims
Tribune News Service

New Delhi, October 3
Family members of Mohammad Afzal Gooru, who is to be hanged on October 20, today filed a mercy petition before President A.P.J. Abdul Kalam even as a campaign got under way in the Capital to save him from the gallows.

Afzal’s wife Tabassum Gooru, along with her son, filed the petition, seeking commutation of the sentence. Exonerated Delhi University lecturer S.A.R Geelani, who along with lawyer-activist Nandita Haksar is spearheading a campaign to save Afzal, told The Tribune.

On the other hand, families of security personnel killed in the attack also approached the President, requesting him not to grant pardon to Afzal. The families, led by Chairman of Anti-Terrorist Front M.S. Bitta, submitted a memorandum at the President’s office, stating that any clemency shown to a dreaded terrorist like Afzal would only encourage anti-national elements.

“We request Your Excellency not to show any mercy while dealing with the case of Mohammad Afzal, a hardcore terrorist who is responsible for carrying out killing of innocent people,” the petitioners said. They added that “a terrorist of his stature does not invite any pardon. If Afzal gets a compassionate hearing it will only encourage terrorists who have already made a mockery of law.”

The memorandum added: “It is ironical to observe that even after years of being convicted of their ghastly and inhuman crimes, the terrorists have managed to escape the gallows, mostly due to the support of some political parties and social groups who influence the justice system.”

Those who submitted the memorandum included Jayawati, widow of Delhi Police constable Bijender Singh, Bimla Devi, widow of Head Constable Om Prakash, Bacchu Singh, son of Head Constable Ghyansham Patel, and Karamveer, son of Sub-Inspector Rampal.

Earlier in the day, Geelani told a Press conference that Afzal did not get a fair trial in the lower court. “I am not saying he is innocent…but Afzal has been deprived of a fair trial. The quantum of punishment awarded to him does not match his role in the attack and the opinion is being shared by people of the Kashmir valley and political parties.”

Speaking at a meeting by the Society for the Protection of Detainees and Prisoners Rights, he said death penalty was not the proper sentence. Claiming that the Supreme Court had given the punishment on the basis of circumstantial evidence, he said there was no direct proof to show his involvement.

He alleged that the investigation had been shoddy and that Afzal was not provided with a lawyer in the trial court. “He was allowed to cross-examine witnesses, which only a qualified criminal lawyer can do in such a high-profile case. By allowing Afzal to cross-examine the witnesses, the trial court judge has made mockery of the whole judicial system,” he said.

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Execution of Afzal may be delayed
Tribune News Service

New Delhi, October 3
The Centre may adopt a go slow approach in deciding on the clemency petition filed by Mohammad Afzal’s wife Tabasum leading to the possibility of deferment of his execution on October 20.

An indication to this effect came from the Union Home Ministry, as its spokesperson said “when a clemency petition is pending before the President, till it is disposed of, the convict can’t be hanged.”

The spokesperson also maintained that “due procedure” would be followed if the petition filed by Tabasum seeking pardon for her husband Mohammad Afzal, convicted in the 2001 Parliament attack case, before President A.P. J. Abdul Kalam was forwarded to the Home Ministry.

Meanwhile, sources also indicated that since Afzal’s clemency issue has taken a political colour, the Centre would not take any hasty decision and would adopt a wait-and-watch approach and also weigh all pros and cons before taking a final decision.

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