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Afzal and Advani
By Tahir Khan
Bombay Correspondent
Lal Krishna Advani

Article is based on Indian democratic system and show how partial and imbalance present jurisprudence of India, how an innocent person portrait as a candidate for death sentence and a culprit portrait as a candidate for prime ministership which is signs jurisprudence is in the hands of fascist forces.

For the last few years, a big debate has been going on in the Indian media as to whether Afzal guru should be penalized with the death sentence. The issue is if Indian intelligence itself failed to bring any solid proof to show if Afzal Guru was involved in the Indian parliament attack (took place on December 13, 2001). The other side of the matter involves Lal Krishna Advani, who is a prominent figure in the Indian politics and who was openly involved in the Babri Masjid demolition case which is proven by Indian intelligences to be moving freely. Advani has more severe charges due to his involvement in the Babri Masjid demolition case and right now he is being portrayed as a candidate for the prime ministership of India by the Bhartiya Janta Party

Let us check the whole scenario one by one and assess what is really behind both figures and both events.

Lal Krishna Advani came into the light from the Babri Masjid demolition event which happened Dec. 6, 1992. This act was organized and orchestrated by the Bhartiya Janta Party for her political mileage, and Advani was the organizer of that whole event. Advani successfully demolished the Babri Masjid on the fabricated history and insight of hatred between the Hindus and Muslims from that event. Since then, the CBI (central bureau of investigation of India) has pressed charges against him and he isaccused under various sections of the Indian Penal Code (IPC), namely, 153A and 153B (spreading communal frenzy), 147 (rioting), 149 (committing a criminal act with a common object), and 505 (creating ill will among different classes at a place of worship). The majority of the evidence is based mainly on the statements of witnesses and video footage. The CBI's charge sheet has alleged that the accused (Lal Krishna Advani) was present at Ayodhya (Babri Masjid demolition site) and made provocative speeches, which then lead to the unlawful assembly of people and the violence and the demolition. The charge of criminal conspiracy under Section 120B of IPC would have made the accused responsible for the demolition, even if they were not directly involved in the actual commission of the crime.

Now turn on Afzal Guru. Afzal Guru is a Kashmiri, facing a death sentence and is currently detained in India's notorious Tihar jail. He is accused of involvement in the attack on the Indian Parliament five years ago. The issue is, there is no direct evidence against him and he is known not to have injured or harmed anyone, the Court itself have found that the investigating agencies deliberately fabricated evidence and forged documents against him. He was denied an opportunity to defend himself and did not even have a lawyer.

On December 13, 2001 the Indian parliament was attacked. Five of the attackers ended up being killed by the security forces. In the next two days, the investigating agencies together with a "special cell" of the Delhi Police, detained four persons, all Kashmiri, and charged them with the offence of conspiring to attack the Parliament under India's notorious Prevention of Terrorism Act (POTA). One of those arrested was Afzal Guru. The investigating agency itself came under a question mark due to their way of work and how they prooved Afzal Guru as a culprit of parliament attack.

Now, as India becomes an increasingly authoritarian country, democratic spaces are being closed down and in many Indian states including the Kashmir, human rights violations are not even covered by the media. India is known as a democratic country but the present Indian jurisprudence have behaved like fascists and have been high jacked by few fanatics who used it for their own benefit and political mileage. This will eventually bring destruction for their own people and country. The Afzal Guru story is a tip of iceberg.

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Mr. Tahir Khan serves as Bombay correspondent for The Seoul Times. Based on Bhopal, India he covers Bombay and other areas. He studied computer, journalism and biology at universities. He writes on various topics like world politics, currents events, news analysis and science.






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