Afzal Guru: Difference between revisions

| name               = Afzal Guru

| birth_name         = Mohammed Afzal Guru

| image             = Afzal_Guru.jpg

| image_size         = 200

| caption           =

| birth_date         = June 1969

| birth_place       = near [[Sopore]], [[Baramulla district]], India

| native_name       = محمد افضل گورو

| death_date        = 9 February 2013 (aged 43)

| death_place       = [[Tihar Jail]], Delhi, India

| death_cause       = Execution by [[hanging]]

| education         = [[University of Delhi]]

| nationality       =  

| known_for         = Role, conviction and execution in the [[2001 Indian Parliament attack]]

| alias             =

| height             =

| weight             =

| allegiance         = [[Jaish-e-Mohammed]]

| motive             = [[Islamic extremism]] and [[Kashmiri separatism]]

| apprehended       = 21 December 2001

| charge             = 2001 attack on the [[Parliament of India]]

| conviction         = Murder<br />Conspiracy<br />Waging war against India<br />Possession of explosives

| penalty           = [[Capital punishment|Death]]

| conviction_status = Executed by [[hanging]] at 08:00 A.M. ([[Indian Standard Time|IST]]) on 9 February, 2013<ref name=LATimes>{{cite news|first=Mark |last=Magnier|title=India executes Afzul Guru for 2001 parliament attack |newspaper=[[Los Angeles Times]] |date=9 February 2013 |access-date=2015-01-17 |url=http://articles.latimes.com/2013/feb/09/world/la-fg-wn-india-hanging-20130209}}</ref>

| reward_amount     =

| capture_status     =

| wanted_by         =

| partner(s)         =

| wanted_since       =

| time_at_large     =

| predecessor       =

| successor         =

| escape             =

| escape_end         =

| occupation         =

| residence         =

| comments           =

| spouse             = Tabasum Guru<ref name=lastletter />

| parents           = Habibullah (father)<ref name=lastletter /><ref name=del-hc>{{cite news|title=Delhi High Court – State vs Mohd. Afzal And Ors|url=http://indiankanoon.org/doc/1031426/|access-date=10 February 2013|newspaper=Indian Kanoon}}</ref><br />Ayesha Begum (mother)<ref name=lastletter />

| children           = Galib Guru

| footnotes         =

'''Mohammad Afzal Guru''' ([[Urdu]]: محمد افضل گورو; June 1969 &ndash; 9 February 2013) was a Kashmiri [[separatist]], who was convicted for his role in the [[2001 Indian Parliament attack]]. He received a death sentence for his involvement, which was upheld by the Indian Supreme Court. Following the rejection of a mercy petition by the [[President of India]], he was executed on 9 February 2013. His body was buried within the precincts of Delhi's [[Tihar Jail]]. [[Amnesty International]] has questioned his sentence stating that he did not receive adequate legal representation and that his execution was carried out in secrecy.<ref name=Amnesty/>

The 13 December 2001 attack was conducted by the [[Jaish-e-Mohammad]] (JeM) Gunmen sneaked into the Parliament in a car with Home Ministry and Parliament labels. They drove into the then Vice President [[Krishna Kant]]'s car parked in the premises and began firing. The ministers and MPs escaped unhurt. The attack was foiled due to the immediate reaction of the security personnel present at the spot and complex. There was a fierce gun-battle lasting for nearly 30 minutes. Nine persons including eight security personnel and one gardener lost their lives in the attack and 16 persons including 13 security personnel, received injuries. The five assailants were killed.<ref name=LATimes /><ref name=DNA-Timeline /> At the end of December, [[United States|US]] President [[George W. Bush]] made a telephone call to [[Pakistan]] President [[Pervez Musharraf]] and Indian Prime Minister [[Atal Bihari Vajpayee]] to defuse tension between the two countries and urge them to move away from escalating the Parliament attack into war.<ref name=story>{{cite web|last1=Keerthana|first1=R|title=The Afzal Guru story|url=http://www.thehindu.com/todays-paper/tp-in-school/the-afzal-guru-story/article4416525.ece|work=The Hindu|access-date=11 September 2014|date=15 February 2013}}</ref><ref>{{cite news|first1=Philip Delves |last1=Broughton |first2=Rahul |last2=Bedi |title=Bush urges India and Pakistan to avert war |newspaper=The Daily Telegraph (UK) |date=31 December 2001}}</ref><ref name=judgment-sc />

On 13 December an FIR was lodged by the police and after subsequent arrests, all the accused were tried under charges of waging war, conspiracy, murder, attempt to murder etc. with the provisions of the [[Prevention of Terrorism Act, 2002]] (POTA) being added to the original charges after six days. On 29 December 2001, Guru was sent to 10-day police remand.<ref name=DNA-Timeline /> The court appointed Seema Gulati as his lawyer. who dropped Guru's case after 45 days because of her case load.<ref name=lawyer>{{cite news|first=Arundhati |last=Roy |title=Clemency-seekers weakened Afzal's defence |date=19 October 2006 |access-date=2013-05-29 |url=http://timesofindia.indiatimes.com/articleshow/2214714.cms |work=The Times of India}}</ref> In June 2002, charges were filed against all four of them.<ref name=DNA-Timeline>{{cite news|title=Afzal hanging: From arrest till the noose|url=http://www.dnaindia.com/india/report_afzal-hanging-from-arrest-till-the-noose_1798006|access-date=10 February 2013|newspaper=DNA|date=9 February 2013|agency=Press Trust of India}}</ref> 80 witnesses were examined for the prosecution and 10 witnesses were examined on behalf of the accused.<ref name=judgment-sc>{{cite web|title=State (N.C.T. Of Delhi) vs Navjot Sandhu@ Afsan Guru|url=http://www.judis.nic.in/supremecourt/imgs1.aspx?filename=27092|publisher=Supreme Court of India|access-date=20 September 2014|date=4 August 2005}}</ref>

An appeal was made to the Delhi High Court, but after going through the case and taking into consideration various authorities and precedents, the Court found that the conviction of Guru was correct and hence his appeal was dismissed. Guru was represented by [[senior counsel]] [[Shanti Bhushan]] and [[Colin Gonsalves]].{{citation needed|date=March 2016}} The co-accused in the case, SAR Geelani and Afsan Guru (wife of Shaukat Husain), were acquitted by the High Court 29 October 2003.<ref name=DNA-Timeline /><ref>{{cite news|author =PTI news agency |title=Indian Supreme Court stays execution of parliament attack convict |work=BBC Monitoring International Reports |publisher=Asia Africa Intelligence Wire |date=20 February 2004 |access-date=2013-05-29 |type=Subscription |url=http://www.accessmylibrary.com/coms2/summary_0286-20416769_ITM}}</ref><ref>{{cite web|url=http://www.firstpost.com/india/all-you-need-to-know-about-the-2001-parliament-attack-619622.html |title=All you need to know about the 2001 Parliament attack |publisher=Firstpost |access-date=2014-07-21}}</ref><ref name=Guardian2006>{{cite news|first=Arundhati |last=Roy |url=https://www.theguardian.com/world/2006/dec/15/india.kashmir |title=India's shame |publisher=Guardian (UK) |date=15 December 2006 |access-date=2013-05-26 |location=London}}</ref>

On 4 August 2005, the Supreme Court, upheld the death sentence for Afzal Guru while it commuted Shaukat Hussain Guru's sentence from death to 10 years imprisonment.<ref name=DNA-Timeline /><ref name="Outlook-Case-6/7" /> Of the three sentenced to death, SAR Geelani (who was presented as the mastermind behind the attack), Shaukat Hussain Guru and Afzal Guru, only Afzal Guru's penalty was upheld by the Supreme Court.<ref name=del-hc /><ref name=Guardian2006 /> Guru filed a review petition before the Supreme Court seeking review of its judgement. However, on 22 September 2005, the review petition too came to be dismissed by the Supreme Court.<ref name=indlaw-review>{{cite news|title=SC Refuses To Review Judgement in Parliament Attack Case|url=https://scjudgments.com/guest/DisplayNews.aspx?C82385FC-0824-4422-B55E-F97FB93148B8|access-date=20 September 2014|work=Indlaw|date=22 September 2005|url-status=dead|archive-url=https://archive.is/20140920233756/https://scjudgments.com/guest/DisplayNews.aspx?C82385FC-0824-4422-B55E-F97FB93148B8|archive-date=20 September 2014}}</ref>

The Supreme Court observed that mostly, the conspiracies are proved by the circumstantial evidence.<ref name=ibn_judgment>{{cite web|title=Full text: Supreme Court judgement on Parliament attack convict Afzal Guru|url=http://ibnlive.in.com/news/full-text-supreme-court-judgement-on-parliament-attack-convict-afzal-guru/371782-3.html|publisher=Supreme Court of India|access-date=3 May 2013}}</ref> It held that the circumstances detailed in the judgment clearly established that Guru was associated with the deceased militants in almost every act done by them in order to achieve the objective of attacking the Parliament House. It also observed that there was sufficient and satisfactory circumstantial evidence to establish that Guru was a partner in this conspired crime of enormous gravity. It has to be noted, that in its judgement of 5 August 2005, the supreme court admitted that the evidence against Guru was only circumstantial, and that there was no evidence that he belonged to any terrorist group or organisation. He was subsequently meted out three life sentences and a double death sentence.<ref name=judgment-sc />

There was an appeal to issue [[clemency]] to Guru from various human rights groups including political groups in Kashmir,<ref>{{cite news|first=Mehboob |last=Khan |title=Kashmir uproar over Afzal Guru clemency plea |work=BBC News |date=29 September 2011 |access-date=2013-05-27 |url=https://www.bbc.co.uk/news/world-south-asia-15110537}}</ref> who believe that Guru did not receive a fair trial and was framed by corrupt police and the victim of inefficient police work.<ref>{{cite web|title=Why Afzal Must not Hang|url=http://www.revolutionarydemocracy.org/rdv17n2/afsal.htm|work=Democracy Org|access-date=9 September 2011}}</ref> Human rights activists in various parts of India and the world have demanded reprieve as they believe that the trial was flawed. [[Arundhati Roy]] and [[Praful Bidwai]] castigated the trial and argued that Guru has been denied natural justice.<ref name=Roy>{{cite news| url=https://www.theguardian.com/india/story/0,,1972788,00.html | work=The Guardian | location=London | title=India's shame | date=15 December 2006 | access-date=13 May 2010 | first=Arundhati | last=Roy}}</ref> Accusations of human rights violations have been made by many.<ref name=Amnesty>[https://www.amnesty.org/en/for-media/press-releases/india-new-execution-points-worrying-and-regressive-trend-2013-02-09 INDIA: NEW EXECUTION POINTS TO WORRYING AND REGRESSIVE TREND], Amnesty International, 9 February 2013.</ref><ref>http://timesofindia.indiatimes.com/india/Afzal-Gurus-secret-hanging-a-human-rights-violation-Prosecutor/articleshow/18474808.cms</ref>

The [[Jammu and Kashmir People's Democratic Party]] president and MP, Mehbooba Mufti commented that the centre should pardon Afzal if Pakistan accepted the clemency appeal for [[Sarabjit Singh]].<ref>{{cite news |url=http://www.hinduonnet.com/2005/08/31/stories/2005083112671600.htm |title=Pardon Afzal: Mehbooba |work=The Hindu |date=31 August 2005 |access-date=2013-02-09 |archive-url=https://web.archive.org/web/20071219002054/http://www.hinduonnet.com/2005/08/31/stories/2005083112671600.htm |archive-date=19 December 2007 |url-status=dead}}</ref>

"Those who are supporting Afzal by demanding that he should not be hanged are not only acting against public sentiment in the country but are giving a fillip to terrorist morale"<ref>{{cite news|url=http://www.hindustantimes.com/news/181_1830995,0008.htm|title=BJP flays Arundhati Roy for 'defending' Afzal|archive-url=https://web.archive.org/web/20061123205046/http://www.hindustantimes.com/news/181_1830995%2C0008.htm|archive-date=23 November 2006|work=[[Hindustan Times]]}}</ref>

On 10 August 2011, the home ministry of India rejected the mercy petition, and sent a letter to the President of India recommending the death penalty .<ref>{{cite web|url=http://ibnlive.in.com/news/home-ministry-rejects-afzal-gurus-mercy-plea/174655-3.html|work=CNN-IBN | title=Home Ministry rejects Afzal Guru's mercy petition. | date=10 August 2011}}</ref>

"We own the responsibility for today's blasts at Delhi high court. Our demand is that Mohammed Afzal Guru's death sentence should be repealed immediately else we would target major high courts and the Supreme Court of India."<ref>{{cite news |url=http://articles.timesofindia.indiatimes.com/2011-09-07/india/30122504_1_huji-harkat-ul-jihad-delhi-high-court |title=HuJI claims responsibility for Delhi high court blast |date=7 September 2011 |work=The Times of India |access-date=22 August 2012}}</ref>

Afzal Guru was hanged six days later on 9 February 2013 at 8 am.<ref name=tdnpost>{{cite web| url=http://tdnpost.com/news/parliament-attack-plotter-afzal-guru-hanged-203936.html| archive-url=https://archive.is/20130411224140/http://tdnpost.com/news/parliament-attack-plotter-afzal-guru-hanged-203936.html| url-status=dead| archive-date=11 April 2013| date=9 February 2013| title=Parliament attack convict Afzal Guru has been hanged| publisher=TDNPost}}</ref> Jail officials have said that when Guru was told about his execution, he was calm. He expressed his wish to write to his wife. The jail superintendent gave him a pen and paper. He wrote the letter in Urdu, which was posted to his family in Kashmir the same day. Very few officers were told about the decision. Three doctors and a maulvi, who performed his last rites, were informed secretly a night before. They were asked to come early Saturday morning. Guru performed his morning prayers and read a few pages of the [[Quran]]. Guru's letter was delivered to his family on 12 February.<ref name=ibn7-1>{{cite news|title=In last letter to wife, Afzal Guru named hanging code Operation Three Star|url=http://ibnlive.in.com/news/in-last-letter-to-wife-afzal-guru-named-hanging-code-operation-three-star/372254-3-244.html|access-date=15 February 2013|newspaper=IBN 7|date=12 February 2013}}</ref><ref>{{cite news|title=Afzal Guru's last letter delivered to family|url=http://www.newswala.com/India-National-News/Afzal-Gurus-last-letter-delivered-to-family-29833.html|access-date=15 February 2013|newspaper=NewsWala|date=15 February 2013|url-status=dead|archive-url=https://web.archive.org/web/20130227031516/http://www.newswala.com/India-National-News/Afzal-Gurus-last-letter-delivered-to-family-29833.html|archive-date=27 February 2013}}</ref> The execution of Mohammed Afzal Guru was named Operation Three Star.

On a national level, security was prepared beforehand for public protests.<ref name=TheHinduOnExecution /> After Guru' s execution, a curfew was then imposed by the authorities when the news became public in Kashmir to prevent any kind of protests in support of Guru.<ref name=curfew>{{cite news|first=M Saleem |last=Pandit |title=Afzal Guru hanged: Curfew imposed in Kashmir valley, NH closed to avert trouble |newspaper=Times of India |date=9 February 2013 |access-date=2013-05-27 |url=http://timesofindia.indiatimes.com/india/Afzal-Guru-hanged-Curfew-imposed-in-Kashmir-valley-NH-closed-to-avert-trouble/articleshow/18413123.cms}}</ref> State-run media [[Doordarshan]] announced the execution on the morning of 9 February, and Omar Abdullah, chief minister of Jammu and Kashmir state, made a special appeal on television for public calm.<ref name=tdnpost /><ref name=YN_protests_erupt>{{cite news|first=Matthias |last=Williams |title=Protests erupt as Afzal Guru executed for 2001 parliament attack |publisher=Reuters |date=9 February 2013 |access-date=2013-05-27 |url=http://in.reuters.com/article/2013/02/09/india-execution-afzal-guru-parliament-at-idINDEE91801C20130209}}</ref><ref>{{cite web|url=http://www.kashmirnewz.com/p0119.html |title=Kashmir Newz Picture / 290906 |publisher=Kashmirnewz.com |date=2006-09-29 |access-date=2014-07-21}}</ref> Authorities also shut down cable TV and internet services to try to stop further news of the hanging and activists from organizing and spreading unrest.<ref name="toi-protest" />

Mosques throughout the region were used for public announcements and curfew information.<ref name=LATimes /> SAR Geelani, who was co-accused in the attacks on the Indian parliament and later acquitted by the Supreme Court,<ref name="Outlook-Case-6/7">{{cite news|title=The Case of SAR Gilani|url=http://www.outlookindia.com/articlefullwidth.aspx?228138|access-date=10 February 2013|newspaper=Outlook|url-status=dead|archive-url=https://web.archive.org/web/20130212052033/http://www.outlookindia.com/articlefullwidth.aspx?228138|archive-date=12 February 2013}}</ref> was taken into preventive custody by the Delhi Police.<ref name=ibngeelani>{{cite news|title=Afzal Guru hanging: SAR Geelani taken into preventive custody by Delhi Police |publisher=IBNLive |date=9 February 2013 |access-date=2013-05-27|url=http://ibnlive.in.com/news/afzal-guru-hanging-sar-geelani-taken-into-preventive-custody-by-delhi-police/371854-3-244.html}}</ref> Several leaders from the separatist movement were also detained.<ref name=indcurfew>{{cite news|first=Andrew |last=Buncombe |title=Curfew imposed after India hangs Kashmiri man for 2001 attack on Parliament |newspaper=The Independent (UK) |date=9 February 2013 |access-date=2013-05-27 |url=https://www.independent.co.uk/news/world/asia/curfew-imposed-after-india-hangs-kashmiri-man-for-2001-attack-on-parliament-8488154.html |location=London}}</ref> However, protests flared up in parts of the Valley—Guru's hometown of Sopore, Baramulla in North Kashmir and Pulwama in South Kashmir—and groups of young men broke curfew and threw stones at security forces.<ref name=toi-protest>{{cite news|first=M Saleem |last=Pandit |title=Curfew imposed across Kashmir to prevent protests |newspaper=The Times of India |date=10 February 2013 |access-date=2013-05-27 |url=http://timesofindia.indiatimes.com/india/Curfew-imposed-across-Kashmir-to-prevent-protests/articleshow/18424311.cms}}</ref><ref name=countercurfew>{{cite web |last=Ahmad |first=Marouf |url=http://www.kashmirreader.com/02122013-ND-anti-india-protests-held-despite-strict-curfew-11459.aspx |title=Anti-India protests held despite strict curfew |publisher=Kashmirreader.com |date=2013-02-10 |access-date=2013-05-26 |url-status=dead |archive-url=https://archive.is/20130629145444/http://www.kashmirreader.com/02122013-ND-anti-india-protests-held-despite-strict-curfew-11459.aspx |archive-date=29 June 2013}}</ref> Police fired at protesters, and 36 people were injured, including 23 policemen, said a police spokesperson, particularly around Guru's home district where most of the violence was concentrated.<ref name=indcurfew /><ref name=YN_protests_erupt /><ref name=countercurfew />

Jammu and Kashmir People's Democratic Party spokesman Naeem Akhtar also criticised Guru's burial inside the prison complex in New Delhi, saying the body should have been given to his family in Kashmir.<ref name=reactions>{{cite news|title=Afzal Guru hanging: voice of affirmation across political spectrum |newspaper=The Hindu|date=9 February 2013 |access-date=2013-05-29  |author =PTI |url=http://www.thehindu.com/news/national/afzal-guru-hanging-voice-of-affirmation-across-political-spectrum/article4397059.ece |location=Chennai, India}}</ref> The [[All Parties Hurriyat Conference]] announced a four-day mourning on the death of Guru.<ref name=reactions /> The Prime Minister of Azad Kashmir, announced three-day mourning and the Kashmir flag waved at half mast.<ref>{{cite news|title=Guru's execution: AJK announces three-day mourning |newspaper=The News (Pakistan) |date=9 February 2013 |access-date=2013-05-29 |url=http://www.thenews.com.pk/article-87368-Gurus-execution-AJK-announces-three-day-mourning}}</ref>

In a different article, the ''Times of India'' also noted that "There's no doubt, therefore, that the crime of which Afzal has been convicted falls in the "rarest of rare" category. In the event he's gone through due process, as exemplified in the acquittals or lesser sentencing of all three of his co-accused through various stages of the judicial process, depending on quality of evidence. Once the president rejected his mercy petition the government had no option but to carry out the death sentence."<ref>{{cite news|title=No politics please: Afzal Guru's execution must be seen through a legal prism alone|url=http://articles.timesofindia.indiatimes.com/2013-02-11/edit-page/37020845_1_afzal-guru-death-penalty-kashmir-valley|access-date=13 February 2013|newspaper=The Times of India|date=11 February 2013}}</ref>

The families of victims of the 2001 parliament attack said that they will write to president Pranab Mukherjee to get back the bravery awards returned by them earlier. The families had earlier returned the medals to protest the delay in hanging.<ref>{{cite news|title=Parliament attack victims' kin to write to Pranab|url=http://india.nydailynews.com/politicsarticle/a5de360c332cc1c03bff3fae68efb84c/parliament-attack-victims-kin-to-write-to-pranab#ixzz2Kx3mntzQ|archive-url=https://archive.is/20130411122914/http://india.nydailynews.com/politicsarticle/a5de360c332cc1c03bff3fae68efb84c/parliament-attack-victims-kin-to-write-to-pranab%23ixzz2Kx3mntzQ#ixzz2Kx3mntzQ|url-status=dead|access-date=15 February 2013|newspaper=Daily News (USA)|archive-date= 11 April 2013|date=9 February 2013|location=New York}}</ref>

Indian Union Home Minister [[Sushilkumar Shinde]] said that Afzal Guru's family was informed about the hanging decision on time. But the family was not aware of Guru's hanging since the Speed post letter sent by the Tihar jail authorities regarding the hanging of Afzal reached his family 2 days after his hanging.<ref>{{cite web|url=http://www.dnaindia.com/india/report_afzal-guru-hanging-two-days-later-speed-post-reaches-family_1798774 |title=Afzal Guru hanging: Two days later, speed post reaches family - India - DNA |publisher=Dnaindia.com |access-date=2013-05-26}}</ref><ref>{{cite web|url=http://www.theshillongtimes.com/2013/02/12/two-days-after-hanging-speed-post-reaches-afzal-gurus-family/ |title=Two days after hanging, speed post reaches Afzal Guru's family |work=The Shillong Times|date=2013-02-12 |access-date=2013-05-26}}</ref> He defended the secrecy government maintained in the execution saying that it would not have happened had the decision been made public in advance.<ref name=zee-shinde>{{cite news|title=Afzal Guru's family was informed about the hanging decision on time: Shinde |url=http://indiatoday.intoday.in/story/afzal-guru-hanging-sushilkumar-shinde-omar-abdullah-was-informed-about-decision/1/249803.html|access-date=12 February 2013|newspaper=Zee News|date=11 February 2013}}</ref> He also denied the Jammu and Kashmir Chief Minister Omar Abdullah's charge that he was kept in the dark about the centre's decision to hang him. He said: "I personally informed Omar about the execution. Also, the family of Afzal Guru was informed on the night of 7 February." Asserting the need to maintain secrecy, Shinde said, "This, as Ajmal Kasab's case, was extremely sensitive, government had to be very careful. Secrecy has to be maintained in such cases."<ref name=zee-shinde-2>{{cite news|title=Afzal Guru's execution was done as per law: Sushilkumar Shinde|url=http://zeenews.india.com/news/nation/afzal-guru-s-family-was-informed-about-the-hanging-decision-on-time-sushilkumar-shinde_828412.html|access-date=12 February 2013|newspaper=Zee News}}</ref> He also picked holes in Omar Abdullah's assertion that Parliament attack convict Guru's hanging was "out of turn."<ref name=dh />

*''Framing Geelani, hanging Afzal: Patriotism in the time of terror'' by Nandita Haksar, 2007.

*''The Afzal petition: A quest for justice'' by Nandita Haksar (editor), 2007.

*''Phānsī'' (''Hanging'') by Shabnam Qayyum, 2013.

*''The hanging of Afzal Guru and the strange case of the attack on the Indian parliament'' edited by [[Arundhati Roy]], 2013.

* [[Human rights abuses in Azad Kashmir]]

* [http://www.judis.nic.in/supremecourt/imgs1.aspx?filename=27092 Supreme Court judgement on Afzal Guru]