Justice Hanged : A take on Afzal Guru's execution

On 9th February 2013, at about 8 o’ clock in the morning in Delhi’s Tihar jail complex, India’s Criminal Justice system was hanged and buried.

Afzal Guru’s case is the typical example of how mighty concepts like ‘justice’ and the ‘rule of the law’ do not apply in cases where powerful interests find them inconvenient. While being tried for conspiracy against the state – one of the most serious crimes in any country – Afzal Guru had no real legal representation, the State had no witnesses that could directly implicate him in the crime and all evidence against him was purely circumstantial and based on flimsy grounds. The limit of irregularities was such that there were two different versions presented by the State even regarding his arrest, but none of these were questioned in court.

On these grounds, no court in a civilised nation could have held him guilty, let alone sentence him to death. Even the Supreme Court, while confirming his death sentence, remarked that there wasn’t enough evidence to convict him, but “collective conscience” demands that he be hanged.

It was truly disheartening to see the guardian of our constitution give to demands of the mob and ignore the law. What was even more sickening was the fact that his death was met with jubilation and followed by celebration in large parts of the country.

Don’t get us wrong. We are not inciting anyone against the State, we do not want to be anti-India. But what are we supposed to understand from all this? That anyone can be hanged to cover up for the State’s incompetence? That the law is going to be guided by cheap politics? That anyone from us could be made the next Afzal Guru?

The only one who terrorizes us today is the State, not some fictitious “Terrorist” outfit. We can be arrested anytime, detained for any period of time, and convicted of any crime at the whim and mercy of the State. To many who are thus oppressed by the state, be it a suspected “Jihadi” or an alleged “Naxalite”, the real National Security Threat is the State.

We know this is an emotional outburst, but we are feeling emotional. We are hurt and angry and distressed and afraid for we are oppressed by the very forces which are made to protect us.

We remain citizens of this country, we shall continue to call on the institutions made to protect us, we shall continue to struggle with all the just means and tools, but in times like this se are forced to ask: Is it worth it?

- By Fawaz Shaheen (B.A.LLB)