Guest Post by Bekhauf Azadi (Freedom Without Fear) Campaign.
People’s Watch Over Parliament: February 21, 1st Day of the Budget Session, Jantar Mantar
Gather in large numbers – 12 PM onwards at Jantar Mantar, New Delhi.
Are Our Lawmakers Ready to Listen to the Voice of the Movement Against Sexual Violence?
Continue reading People’s Watch Over Parliament: Bekhauf Azadi Campaign
So, The Law has been taking its Own Course, without any help from the political bankruptcy of the Kangress party. The Law took its Own Course and hanged Ajmal Kasab before a Parliament session and co-incidentally Afzal Guru before another Parliament session. The Law’s Own Course is stranger than the river Kosi which changes direction at will (actually, even the Kosi river changes directions because of corruption in the unnecessary embankments the Bihar government builds). Continue reading Why India Needs the Death Penalty
Guest post by SAURAV DATTA
“An advocate, by the sacred duty which he owes to his client, knows in the discharge of that office but one person in the world- the client, and no other…to protect that client at all hazards and costs to all others, and among others to himself, is the highest and most unquestioned of his duties…..Nay, separating even the duties of a patriot from those of an advocate, and casting them if need be to the wind, he must go on reckless of the consequences…” – Lord Brougham, “Law and Other Things”, Cambridge University Press (1937)
“Beneath this face that appears so impassive hell’s tides continually run.” – Walt Whitman,“You Felons on Trial in Courts”
“Nothing rankles more in the human heart than a brooding sense of injustice.” Justice Brennan’s words keep on ringing in my ears when I see the manifestly violent injustice meted out to Mohammad Afzal- the Courts tore to smithereens his inalienable right to a fair trial. The Parliament attack case was the first litigation I had been part of – I was a student intern in the chambers of Ms. Kamini Jaiswal, who was briefing Mr. Ram Jethmalani. I got to see and understand the case from the closest of quarters, and that maybe that exacerbates my indignation at this egregious miscarriage of justice. Continue reading Punishment by Procedure: Saurav Datta
This is (a slightly modified) text of the second Shahid Azmi Memorial Lecture, delivered at the Indian Law Institute on 9 February 2013 by advocate YUG MOHIT CHAUDHRY. The lecture and its topic had been scheduled days in advance, but co-incidentally, Mohd. Afzal Guru was hanged in the morning of the day of the lecture. The Shahid Azmi Memorial Lecture has been instituted by his friends, comrades and students, who want to keep alive the memory of his inspiring work. Advocate was shot dead in his office on 11 February 2010, at the age of 32. At the time of his murder, Shahid was fighting several terrorism cases, including of those falsely accused in the Malegaon blasts and the 26/11 Mumbai attacks.You can read tributes to Shahid Azmi in Kafila archives by Mahtab Alam, Arvind Narrain and Saumya Una, and Susan Abraham.
In Furman v. Georgia (1972), where the U.S. Supreme Court struck down the death penalty, Justice Marshall said that if citizens were fully informed about how people are sentenced to death, they would find capital punishment shocking, unjust and unacceptable. However, research on the death penalty and public awareness of the exact nature of the death penalty have been the most neglected areas in the abolition campaign in India. The last three challenges to the constitutionality of the death penalty in India were rejected by the Supreme Court, inter alia, on the grounds that there is no empirical data to support the abolitionists’ claims. Unfortunately, the situation has not changed at all, and even now there is hardly any research on this subject. Therefore, the highest priority in any abolition campaign is to produce empirical research on the death penalty. That, and doing our utmost to stop each proposed execution and, failing that, to make it as difficult as possible for the state to carry out an execution, adopting all legal, political and social means at our disposal. Continue reading Capital Punishment – An Agenda for Abolition: Yug Mohit Chaudhry
Guest post by RIJUL KOCHHAR
![[This June 19, 1993 photo shows Veerapan aides Simon (front row, second from left) and Madaiah (fourth from left) among other landmine blast accused. Courtesy The Hindu/PTI.]](https://kafila.online/wp-content/uploads/2013/02/rijul-bloodlust-11.jpg?w=474)
Into my heart an air that kills
From yon far country blows:
What are those blue remembered hills,
What spires, what farms are those?
That is the land of lost content,
I see it shining plain,
The happy highways where I went
And cannot come again.
~A.E. Housman
ज़िन्दगी और मौत ऊपर वाले के हाथ हैं जहापनाह, उसे ना आप बदल सकते हैं न मैं, हम सब तोह रंग-मंच की कठपुतलियाँ हैं, िजनकी डोर उपरवाले की उँगलियों मे बंधी हैं: कब, कौन, कैसे उठेगा, कोई नहीं बता सकता.
~Anand (1971)
I write in an evening shrouded in anticipation, but it is an anticipation of death.
Continue reading On bloodlust: notes towards four imminent executions: Rijul Kochhar
Press release put out on the evening of 16 February by the PEOPLE’S UNION FOR CIVIL LIBERTIES
CHENNAI: The PUCL strongly condemns the rejection by the President of India of the commutation petitions of Simon, Meesakara Mathayan, Bilavendran and Gnanaprakasam. Equally condemnable is the action of the Prison Authorities of Belgaum Central Prison, Karnataka who in the morning of 13.2.2013 merely intimated orally to the convicts of the rejection of their mercy petitions without giving them the written orders of rejection. In sharp contrast, signed acknowledgements of receipt have been obtained from all 4 convicts! Continue reading PUCL statement on the President’s rejection of the mercy pleas of four Veerappan associates
Justice Ajit Shah says that it has been proven beyond doubt that death sentence does not serve as a deterrent against crime; the reason why two third of the world has abolished it all together. He explains the bizarre nature of how the death sentence in India is judge centric and how under the same set of circumstances, some have received the death sentence, while others have been given life and still others acquitted. Death sentence is judge centric with many judges having a history of doling out death penalties and other being kind. Death sentence is thus nothing but a ‘legal lottery’ where if you are lucky you get a lenient judge you survive, else you end up at the gallows. He talks about the caste and class connection to death sentence, where the lower castes and lower classes are usually the ones sent to the gallows because they cannot afford proper legal aid. He says that this discriminatory nature renders death penalty unconstitutional and that there is the need for a larger debate on the same. Continue reading ‘Death penalty in India is a legal lottery’
This is the audio of the Shahid Azmi Memorial Lecture delivered on 9 February 2013 by YUG MOHIT CHAUDHRY at the Indian Law Institute in Delhi. While the lecture date and topic – death penalty – were scheduled weeks in advance, it co-incidentally happened that Mohd Afzal Guru was hanged on the morning of the lecture. Shahid Azmi was a lawyer in Mumbai. He was 32 when he was shot dead on 11 February 2010.
On Shahid Azmi from Kafila archives:
Previously in Kafila by Yug Mohit Chaudhry:
See also:
More on Afzal Guru from Kafila archives:
Guest post by GAZALA PEER
People who mourn under siege are not supposed to write. We cry and beat our chests. Kashmiris have long faced such predicaments, always forced to find alternatives for everything. Anything that is normal and fair is denied to them! Like a fair trial, for instance. I am not sure if everybody knows Mohd. Afzal Guru’s story. I am not sure if I can be fair to him, but whatever I could gather from legal documents, commentaries and articles, is summarised here. Continue reading When the Indian nation’s ‘conscience’ was satisfied: Gazala Peer
This public statement was put out on 13 February by a group of 83 feminist activists; names of signatories at the end.
We, women from various organizations in India, condemn the hanging of Afzal Guru in Tihar Jail early on the morning of 9.2.2013.
The tearing hurry and secrecy with which Afzal Guru was hanged, accompanied by the flouting of all established norms by not giving his family their legal right to meet him before taking him to the gallows, clearly indicates that there were political considerations behind taking this step. More shameful is the explanation of the Home department that the wife and family of Afzal Guru were intimated of the hanging by a mail sent by Speed Post and Registered Post. Decency and humanity demanded that the Union Government give prior intimation to the family and an opportunity to meet him. Such surreptitious action of the government also deprived the family of Afzal Guru to right to seek legal remedy. Continue reading ‘In the land of Buddha and Gandhi, death penalty has no place’: 83 feminist activists
This letter, signed by 202 citizens whose names are given at the end, has been put out by the JAMIA TEACHERS SOLIDARITY ASSOCIATION
To,
The Hon’ble President of India
Respected Sir,
We write to you in deep anguish, despair but in outrage as well. Afzal Guru was hanged on Saturday (9th February 2013) in secrecy. We have been told – after the hanging – that you rejected the mercy petition filed by Guru’s wife Tabassum, on 3rd February. We believe that you made a grave error in rejecting the mercy petition. If you had perused the trial records and the lengthy documentation put together over the years by lawyers and civil rights activists, or even the Supreme Court judgement which sentenced Afzal to death, you would have known, that his guilt was never established beyond reasonable doubt. The fact that the Court appointed as amicus curiae (friend of the court) a lawyer in whom Afzal had expressed no faith; the fact that he went legally unrepresented from the time of his arrest till his so-called confession, the fact that the court asked him to either accept the lawyer appointed by the Court or cross examine the witness himself should surely have concerned you while considering his mercy petition. Continue reading A letter of protest to the President of India against the execution of Afzal Guru: JTSA
Guru wrote in a letter in 2004:
In the Parliament attack case I was entrapped by Special Task Force of Kashmir. Here in Delhi the designated court sentenced me to death on the basis of special police version which works in nexus with STF, and also came under the influence of mass media in which I was made to accept the crime under duress and threat by special police ACP. Rajbir Singh. That threat even get confirmed to designated court by T.V. interviewer (Shams Tahir Aaj-Tak).
[…]
Special police told me that if I will speak according to their wishes they will not harm my family members and also gave me false assurance that they will make my case weak so that after sometime I will get released. Continue reading Afzal Guru’s story – in his own words
Statement put out on February 9 by HUMAN RIGHTS WATCH
(New York) –The hanging in New Delhi of Mohammad Afzal Guru makes it more urgent for India to reinstate its previous informal moratorium on executions as a step towards abolishing the death penalty, Human Rights Watch said today. Azfal Guru, executed on February 9, 2013, was convicted for his role in the attack on the Indian parliament in 2001.
In November 2012, India ended its eight-year unofficial moratorium on executions when it hanged Ajmal Kasab, convicted for his role in the 2008 Mumbai attacks. Continue reading Secret hanging a major setback: Human Rights Watch on the execution of Afzal Guru
Guest post by WARISHA FARASAT, who was present at the peaceful Jantar Mantar protest against the execution of Afzal Guru
We have been finally denied even the basic right to a peaceful protest. Two incidents over the last week have proven that only the right wing Hindutva groups have the right to protest in this country; the unbridled right to disrupt all other peaceful protests; and to ensure that the civil liberties groups are pushed even further against the wall. Two days ago, a peaceful student protest against Narendra Modi’s speech at Delhi University was met with brutal response, which has been reported extensively. Today, as Shuddhabrata Sengupta has poignantly pointed in his earlier post there were peaceful silent protests against the secretive hanging of Afzal Guru, and also for the abolition of the death penalty from the criminal statute books at Jantar Mantar. But what unraveled thereafter was shameful. The police watched and participated while young and brave University students, several of them Kashmiri, were beaten up. I saw young women with scarves, which were seen as a marker of their identity being targeted, groped, beaten, humiliated, abused, and finally arrested. Other respected civil liberties activists, lawyers, and even journalists were abused, kicked, beaten, and their faces blackened. Continue reading Do we have the right to a peaceful protest?: Warisha Farasat
Statement from the PEOPLE’S UNION FOR CIVIL LIBERTIES
The PUCL condemns the hanging of Afzal Guru in Tihar Jail early in the morning (9.2.2013) today.
The tearing hurry with which Afzal Guru was hanged, accompanied by the flouting of all established norms by not giving his family their legal right to meet him before taking him to the gallows, clearly indicates that there were political considerations behind taking this step. More shameful is the explanation of the Home department that the wife and family of Afzal Guru were intimated of the hanging by a mail sent by Speed Post and Registered Post. Decency and humanity demanded that the Union Government give prior intimation to the family and an opportunity to meet him. Such a surreptitious action of the government also deprives the family of Afzal Guru to right to seek legal remedy.
PUCL also condemns the repressive stand of the Delhi police in not allowing a group of people who were protesting against the hanging and detaining them in police stations. We are equally concerned by reports that right-wing goons were permitted by the police to use violence against the protestors. PUCL asserts the right of citizens to dissent and express their opposition to capital punishment in a peaceful manner. Continue reading Four statements on the execution of Afzal Guru
A small group of citizens, mainly young people from different universities in Delhi, and people associated with civil rights groups and initiatives, had gathered at Jantar Mantar in New Delhi this afternoon at 1:00 pm to express their protest against the execution by hanging of Afzal Guru at 8:00 am this morning in Tihar Prison.
The protest was dignified and entirely peaceful. It was interrupted suddenly when a large mob gathered and began heckling the protestors. I was present there, and I clearly heard this mob of young men hurl, unprintable abuses at the men and women who were peacefully protesting against the execution of Afzal Guru. Some of them wore saffron scarves that clearly identified them as being the storm troopers of the far right. They repeatedly chanted violent and incendiary slogans which included the following – “shoot them all”, “kill the traitors”. These alternated with patriotic chants. I have never seen a more nakedly bloodthirsty exhibition of the far right wing version of Indian nationalism on the streets of Delhi. The mob made threatening gestures and advanced towards the line of protestors. Continue reading Peaceful Protest Against Afzal Guru’s Execution at Jantar Mantar Broken Up by Right Wing Goons and Delhi Police
Guest posts by CHANDAN GOMES, AKHIL KUMAR and an ANONYMOUS student; photographs by CHANDAN GOMES, SHAFAQ KHAN and MUKUL DUBE
by CHANDAN GOMES
On 6th January, 2013 the usually quaint Delhi University transformed into a battle ground of ideologies. The road leading to Sri Ram College of Commerce (SRCC) where Narendra Modi was invited to speak at the Sri Ram Memorial Oration stands witness to all that went wrong day before yesterday. Continue reading Bhag Modi Bhag: Three eyewitness accounts from a protest in Delhi University
In a country where freedom of speech and expression is under assault every day, where scholars and cartoonists increasingly have to regularly face the law to defend their statements and works of art, where the government gives in to anyone and everyone demanding censorship, where the government conduct stealth censorship of online speech, finally comes a rare piece of good news.
For once the police is not asking to shut down an exhibition citing ‘law and order’ issues to appease protestors, but instead giving protection to the exhibition.
The Times of India reports: Continue reading A rare victory for freedom of speech and expression in India
This statement was put out by the RIGHT TO FOOD CAMPAIGN on 24 January
The much awaited recommendations of the Standing Committee on Food, Consumer Affairs and Public Distribution on the National Food Security Bill are a letdown to those who wrote to the Committee urging it to ensure justice to the people of India. The Committee despite taking a year since December 2011 when the Bill was tabled in the Lok Sabha, has undermined the goal of food security for all the people of India through its recommendations given to the Parliament on 17 January, 2013. Instead of moving forward, the Committee’s recommendations are a leap backward by removing even existing entitlements. If the Committee’s recommendations are to be legislated, then it is the Campaign’s reasoned position that it rather not have a food security law rather than accept one which: Continue reading Why the Parliament should reject the standing committee’s recommendations on the Food Security Bill: RTFC
This joint public statement, signed by 34 citizens whose names are given at the end, was put out on 25 January
While one may or may not agree with the terminology employed by the Home Minister in his recent speech at Jaipur, we feel that for long prejudice has ruled investigations, obscuring the role of organizations and their multiple affiliates in planning and executing of attacks and bombings in the country. The veneer of ‘nationalism’ — narrow, exclusionary and based on hatred for minorities as it is– cannot hide the violence that Sangh and its affiliates beget and peddle. Continue reading On Hindutva terrorism
KAFILA - COLLECTIVE EXPLORATIONS SINCE 2006 