S. Narinder Singh
In a democratic country like India, judiciary assumes immense significance not only in dispensing justice but also to look into the functioning of each organ of the government. It has to deal with the civil, criminal and constitutional matters including disputes among two or more states. There is a provision in Indian Constitution that when a person or group of persons convicted with death sentence by the apex court, a mercy petition for clemency can be filed to the President of India.
Under Article 72 of the Constitution, the President can grant pardon or reject mercy petition with aid and advice of the council of ministers.
Terrorism has become a worldwide phenomenon and our country is not an exception to this menace. Many people are becoming victim of terrorism and get killed daily in one or the other part of the country. Terrorism is destroying the peace and very peaceful livings of the people of India. We have to be very strict in dealing with the killers of humanity. Religions and politics should not come in the way of punishment to the mass killers as terrorism has no religion. We all should be united to curb terrorism from the country which is responsible for the bloodshed of innocent masses. Religion and politics should not create hindrances in ensuring justice rather society as a whole should fight against the menace and help the law enforcing agencies to curb terrorism and maintain peace in the country. Politicians and political parties should not interfere with the functioning of judiciary. Rather they should help the authorities in dealing strictly and sternly against culprits and criminals who disturb and destroy the peace of society. For politicians, country’s interests should be first and foremost.
India is surrounded by external and internal threats like terrorism, sponsored by the neighbouring country and fundamentalists within the country who are bent upon to disturb and destroy the social fabric of the society. In our country politicians and legislatures have started interfering with the judicial system and are creating hindrances in dealing with the criminals. Firstly, they are the politicians who are demanding clemency for these inhuman and barbaric killers.
It is strange that recently the suspense and controversy over the fate of Mumbai serial blast convict, Yaqoob Memon continued till he was hanged. This all happened because of the article by one of the India’s top intelligence officer B. Raman who led the operation to bring 1993 blast convict Yaqoob Memon back to India from Pakistan in 1994. He mentioned in the article that Yaqoob’s life be spared in lieu of his cooperation with the investigating agencies. A row broke out over his death sentence in Mumbai blast case with Majlis-e-Ittehad-ul Muslimeen or AIMIM chief Asaudin Owaisi saying, “he (Yaqoob) met this fate because of his religion”. He drew sharp reaction from political class. BJP accused him of indulging in the communal politics as Owaisi sees religion in everything. Even Times of India of 27 July 2015 in its editorial,” Don’t hang Yaqoob” had supported leniency as he did not deserve death sentence in view of B. Raman’s article. However, CBI sources disputed the theory of an understanding with Yaqoob. His article has been spur for those who opposed to death sentence.
Members of the various political parties including BJP MP Shatrugan Sinha and its expelled MP Ram Jeth Malani, eminent jurists and persons from different walks of life submitted fresh petitions to President of India to wave the death sentence of Yaqub Memon. The petition had come at a time when there was a huge political uproar over the issue. BJP condemned remarks against hanging such defence is happening due to petty politics. Even the MP’s like Mani Shankar Iyer(Congress), Majid Memon(NCP), Sita Ram Yechery (CPM), Filmmakers and actors like Naseeruddin Shah, Mahesh Bhatt, Tushar Gandhi, academicians like Irfan Habib, Aruna Roy and Jean Dreze, retired judges like Panchanad Jain and H.S. Bedi and senior lawyer Indira Jai Singh signed the mercy petition for saving the life of Yaqub Memon. However, debates and penal discussion in media over Supreme Court’s judgment are undesirable. Yaqub was a traitor who deserved death sentence for causing death of 257 persons and injuries to 700 persons. He was a planner of mass murder. Earlier also the Tamil Nadu Assembly had passed a resolution for reconsidering mercy petition by President of India for three convicts of former Prime Minister Mr. Rajiv Gandhi . Similarly Afzal Guru, 2001 Parliament attack convict, attracted political support in Kashmir for granting clemency. There is too much political discrimination in our country as there was no reaction when Tamil Nadu Assembly passed the resolution in favour of the convicts. Similarly, no resentment was shown when Punjabi politicians like Chief Minister Prakash Singh Badal and former Punjab CM Amrinder Singh supported the demand for granting clemency to the criminals.
I think there was nothing wrong when the then Chief Minister Omar Abdullah had come out in support of granting clemency for Afzal Guru. Why the people and the opposition parties like BJP and Shiv Saina reacted on the statement of the Omar Abdullah? Why protest rallies were taken out against the then CM? Where were the people and opposition parties when such support was extended by the Tamil Nadu Assembly and Punjabi politicians and Punjab CM to criminals? Politicians’ should not indulge in vote politics. However, plea of the then J&K CM and separatists’ that if Afzal Guru was hanged there will be law and order problem in the state, was not justified in any case. After all for what purpose the government is there. Governments are not there to support the terrorists. After all Omar Abdullah was an administrative head.
Sedition and war against the country should not be tolerated rather it must be dealt sternly and with iron hands. The government’s approach in handling the terrorism is mainly responsible for unrest in the country. The vote politics should be stopped immediately in order to maintain peace and tranquility across the nation.
In our country circumstances should be kept in view while granting clemency to convicts and criminals. The provisions of the clemency in the Constitution were for the criminals other than the terrorists and mass killers. It has been generally observed that the terrorists who have been given death punishment by the highest court of the country apply for granting clemency to the President of India which is over delayed for years together in Rashtrapati Bhawan. The terrorists who believe in open massacre of the innocent people on the direction of the enemy country and separatists and fundamentalists forces when awarded death punishments by the highest courts should be immediately dealt with accordingly because such anti-national elements who are bent upon to destabilize the country don’t deserve any concession granting clemency to such creator of horror means promoting and grooming terrorism which ultimately leadz to the destruction of the humanity as a whole. Rather amendments in the constitutional provisions should be made so that such brute beast and barbaric killers of the humanity should not fall under the ambit of clemency. Till such amendments are made the President should immediately reject the mercy petition of all the convicts.
Today, in the name of democracy, mass killers who have committed heinous crimes against the humanity are moving freely and getting special treatment in our country. This is not democracy but mockery of democracy. Do the killers of Taj Hotel, Parliament attack convicts, killers of innocent people outside the Delhi High Court and killers of Former PM Rajiv Gandhi deserve any mercy? Politicians are mainly responsible for creating wedge among the people by adopting different yard sticks in dealing with the criminals.
Politicians are mainly to be blamed for chaos, confusion, and devastation. They have started interfering with the judicial system by passing resolution and holding debate for granting clemency in favour of terrorists, anti national elements and mass killers. This is a very wrong and dangerous trend which will ultimately promote the terrorism and destroy the social fabric of the society and very existence of the nation as a whole. Such criminals and killers of the humanity do not deserve any concession or laxity. Once they are caught they should be immediately punished as per the verdict of the highest court of the country. The President of India should only consider or entertain mercy petitions for clemency other than terrorists’ related convicts because the aim and object of the terrorists is to indulge in the massacre of the masses and destabilize the country on the dictates of their mentors across the country. Moreover, Rashtrapati Bhawan should not cause undue delay in disposing of the clemency cases as it has been done in the case of Yaqub Memon who has been hanged after the lapse of 22 years.
(The author is former Director Information)
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