But here, I would like to look at few statements used in the judgment.
The Supreme Court says: %u201CThe incident, which resulted in heavy casualties, had shaken the entire nation and the collective conscience of the society will only be satisfied if capital punishment is awarded to the offender.%u201D (emphasis mine)
We always believe that our Judiciary should uphold constitution and the legal system without getting biased or prejudiced by the opinions of the people or majorities. We believe our penal system is not to punish the offender but to rehabilitate him.
Do we give death sentence to satisfy the collective conscience of the society? Does the convict get a sentence based on the crime or based on what the collective conscience has felt about it?
The Supreme Court says: %u201CAs is the case with most of the conspiracies, there is and could be no direct evidence of the agreement amounting to criminal conspiracy. However, the circumstances, cumulatively weighed, would unerringly point to the collaboration of the accused Afzal with the slain %u2018fidayeen%u2019 terrorists%u201D. (emphasis mine)
When did we start using circumstantial evidence, however cumulative it is, to be unerring? And when did we start using %u2018no direct evidence%u2019 to award a death sentence, which we agree should be awarded in %u2018rarest of the cases%u2019?
RE:this is the statement for the Afzal hanging, plz think over it. is he made a scape goat
by nitin gupta on Jan 13, 2007 03:04 AM Permalink
Even the thought of sparing the person's life who has anything to do with attacking your motherland's HEART AND SOUL is disgusting! There should be no second thoughts about this in the minds of any true indian.. be he of any religion, caste or creed.
RE:this is the statement for the Afzal hanging, plz think over it. is he made a scape goat
by Umesh Shah on Jan 13, 2007 02:43 AM Permalink
So are you advocating he should not be hung ?
I personally think (I might be wrong), that these terrorists are so called terrorists because they are prepared to die. Be it by the bullet, or by hanging or by any other means.
By giving them the death penalty. You are doing them a favour.
I think that these people should be punished in public for the rest of their life. This way people will fear and respect the law, which will inturn decrease the crime rate.
Politicians should learn something from judiciary.But the Supreme Court should also do something to stop those 'human rights activists' from running the 'save-afzal campaign'.Already the IB has warned of a possible hijacking of plane by terrorist groups to demand release of Afzal. Now when his curative petition is also dismissed,the President should waste no time in dismissing his mercy petition.This is the least the govt. can do to ensure national security.
At last it has to happan why its taking political shape I don't know, Just heng him all things & talk will shut off like Saddam" [no matter we all don't want him to heng] but once happan than .........so heng him
