Statement issued by N D Pancholi, Advocate, on the Petition of Md. Afzal Guru, 9th November, 2006

Mohammad Afzal Guru has filed a petition under Article 72 of the Indian Constitution before the President of India. He has stated that he did not file a petition sooner "not out of any arrogance or ill will" but because he had "no hope of getting justice". However, he has been deeply moved by the fact that the President received his family members and that has "kindled a new hope that I may still get justice." He has said that the fact that Kashmiri people and Indian people have come together to demand clemency for him has "truly given me a new hope that I may live and be able to see my son grow up. For a man in my position there is nothing else one can hope for." Mohammad Afzal has stated in his petition that he did not express remorse or ask for forgiveness because "I cannot ask for forgiveness for something I have not done. I was entrapped by corrupt officers of the Special Task Force. The fact is that I had surrendered and I was desperately trying to study and earn a living to support my family. However, the STF did not allow me to live a normal life and they destroyed our small family."

At another place Afzal states: "I do not think that the attack on the Parliament served the cause of the Kashmiri people and I am genuinely sorry for the family members of those who died doing their duty. I feel no personal enmity towards the nine persons killed or the 16 injured. It is unfortunately the poor and vulnerable who suffer. Even if no one believes me I can honestly say that I do not justify or rationalize the pain of the children who lost their fathers on that day just as I feel the pain of my seven year old son who is living with the nightmare that his father may be hanged any day."

Mohammad Afzal has maintained from the time of his deposition before the trial court that he did not know the names of the deceased terrorists and he was coerced into identifying them by giving names invented by the Special Cell officers. He has written about the torture and humiliation he was subjected to by the Special cell:

"Your Excellency, how do I describe in words the atmosphere in the Special Cell Police Station at Lodi Road? Policemen in uniform urinated in my mouth. It was the Holy month of ramzan and they said I could break my fast by drinking their urine. I cannot reproduce the abuses they heaped upon me and the others they arrested."

Afzal states that he did not get one moment's fair trial. He has produced a chart based on court records of the 80 Prosecution witnesses (annexed hereto) to show that the most crucial witnesses were never cross examined. Sometimes when the lawyer representing him cross examined a witness he merely asked one question. The prosecution has submitted that Afzal had a chance to defend himself but their entire case against him rests on the fact that he did not cross examine the prosecution witnesses.

Afzal concludes with the following moving words: "Your Excellency, I am absolutely sure that the vast majority of Indian people would not want a man to be hanged without even hearing his story or letting him have an opportunity to defend himself." At the end Afzal has expressed the hope that the Hon'ble President would give a sympathetic consideration to his petition seeking justice which will help our children, the future generation, grow up as good, kind and compassionate human beings.

Mohammad Afzal Guru has filed his petition with the jail authorities who will forward it. In accordance with the rules of the Delhi Jail Manual his execution is stayed till the President arrives at a decision.

N D Pancholi, Advocate
09/11/06

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