NEW DELHI: Although both have been executed in a hush-hush manner citing security reasons, the dilution of due process was greater in Mohammad Afzal Guru's hanging than in Ajmal Kasab's.
The denial of an opportunity to challenge the President's decision on the mercy petition was more likely to have affected Guru's fate for, unlike Kasab, he was not present at the crime scene when Parliament was attacked and he did not himself kill anybody.
In fact, after Kehar Singh's execution in the Indira Gandhi case, Guru was the only conspirator to have ever been hanged in connection with any high-profile crime. The three conspirators in the Rajiv Gandhi case, although awarded death penalty earlier than Guru, have so far been spared the noose because of a stay from the Madras high court on their execution. The stay came in 2011 on their plea that the death penalty be commuted to life sentence as the President had rejected their mercy petitions after an "inordinate and unexplained" delay.
Had he and his counsel been similarly given an advance notice of the rejection of his mercy petition, Guru too could have exercised his right to challenge the President's decision on the ground of delay, as he had filed his plea more than seven years ago.
Besides, Guru was better placed than Kasab to seek clemency on procedural and substantive grounds. Thanks to his oft-quoted grievance that he did not get a counsel of his choice during the trial, there has been much debate in legal and human rights circles on whether Guru had been given a fair trial.
Another controversial aspect of Guru's conviction is that successive courts had allegedly glossed over his claim that, as a surrendered militant, he had provided logistical support for the attack on Parliament on the instructions of security agencies in Kashmir.
The dilution of due process was also evident from the government's failure to comply with the stipulation of the jail manual to inform Guru's family about the date of the execution. The compromise is more evident in Guru's case because, unlike Kasab, his family members are Indians, who live in Kashmir. The rationale behind this stipulation is to provide the convict a chance to meet his family members for the last time.
In Kasab's case, the government claimed to have sent a communication to Pakistan to inform his family before his hanging. Despite the government's claim to have done the same in Guru's case, his family was in fact delivered with a fait accomppli.
This is the third mercy petition to have been rejected by President Pranab Mukherjee. Saibanna's case highlighted the deviation made in the cases of Kasab and Guru. For, the rejection of Saibanna's plea was made public, giving him scope to challenge it as also to meet his relatives.
Conspiracy theory: Was due process flouted to deny Afzal Guru a bid to escape hangman?
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Conspiracy theory: Was due process flouted to deny Afzal Guru a bid to escape hangman?
