NEW DELHI: "I didn't believe what I heard," is how Justice S N Dhingra, who handed the death penalty to Afzal Guru in 2002 as Special Judge (POTA), reacted to the news of the hanging. So sceptical was the former Delhi high court judge, who presided over the Parliament attack trial and laid its legal foundations, that it took some time for the news to sink in. The judicial process he had set in motion over a decade ago had finally reached its logical conclusion.
In India everything is possible," he said sardonically, calling the eight-year delay in carrying out the fiat of the Supreme Court as "hundred per cent failure of the political class". He trashed claims that the convicts went through a flawed trial, emphasizing that Guru exhausted all available legal options before being hanged and that the three tiers of judiciary minutely examined all the evidence before confirming his guilt.
The judge lamented how some human rights organizations and NGOs had distorted the "perspective" on the terrorist attack and subsequent trial that led to everyone being concerned over the rights of the accused while no one cared about the rights of the victim.
"I do hope the execution brings a sense of closure to the victims who waited all these years despite three courts, including the highest in the land, awarding the death penalty," said Dhingra, lashing out at the human rights groups that "have an agenda, can only shout, write articles or conduct seminars - because they want to show their donors their money is being put to good use".
Dhingra took a year and three days - after the December 13, 2001 attack - to deliver the verdict, in proceedings that were widely followed and robustly attacked by detractors who questioned the nature of evidence against the arrested terrorists. The Special POTA court had awarded death to Afzal, SAR Geelani and Shaukat Hussain Guru after convicting them under the Prevention of Terrorism Act (POTA) and sections of Indian Penal Code and Explosive Substances Act for waging war against India by conspiring with the five slain terrorists.
In his verdict, Dhingra had discussed at length the terror threat facing India at that time, mentioning the terrorist attacks in Gujarat and Jammu. He pointed out how evidence showed the accused drew a lot of inspiration from Al Qaeda leader Osama bin Laden and Jaish-e-Mohammed chief Maulana Masood Azhar.
Summing up the gravity of the crime that led it to award the maximum penalty, the court had observed: "The act of the accused persons of hatching a conspiracy for attacking Parliament House with the intention to kill the Prime Minister and home minister and taking hostage the entire legislature cannot be looked upon in isolation."
Dhingra recalled how he ensured his court "wasn't affected by the bickering" of media and human rights organizations who commented on the case with his focus being expeditious trial. He feels nothing has changed since the Parliament attack as far as a strong coordinated anti-terror policy is concerned.
"The politicians running the government have not managed a proper response to tackle terror, leave alone prevent it. Forget the judicial level, there is no policy at any level. Blast cases involving common people as victims carry on, be it the Sarojini Nagar blast or the bus bombings. It is only because of sustained media coverage that the gang rape trial is on the fast track - otherwise swift justice is only for VIP victims, not the poor," he said.
Cautioning that the criminal justice system will lose its relevance if it continues to focus disproportionately on the rights of the accused (legal aid for instance) instead of being sensitive to the victim, the judge called for legal reforms that keep the victim at the centre
सॉफ्ट स्टेट हम नहीं सुप्रीम कोर्ट है ?
अफज़ल गुरु को अगस्त 2005 में सुप्रीम कोर्ट ने मौत की सजा
.इस पर अमल करते करते सरकार को तकरीबन
आठ साल लग गए .सरकार अब कहती है हम साफ्ट स्टेट नहीं हैं
बड़ा कोई और छल नहीं हो सकता
.सुप्रीम कोर्ट का निर्णय आप लागू नहीं करते इसीलिए यह कहो सुप्रीम
कोर्ट सॉफ्ट है .
शिंदे के पाप का प्रायश्चित करना चाहती है सरकार .शिंदे के पापों को ही
धौ रही है .
शाबाशी उस "जल्लाद "को दो जिसकी कोई सुरक्षा नहीं हैं और ये वोट
तोडू राजनीति के धंधे बाज़ जेड सेक्युरिटी
लिए बैठे हैं .
इनके नाम वागीश जी की निर्माणाधीन व्यंग्य रचना का मुखड़ा कुछ यूं