We know this much: On December 13, 2001, the Indian Parliament was in its winter session. (The NDA government was under attack for yet another corruption scandal.) At 11.30 in the morning, five armed men in a white Ambassador car fitted out with an Improvised Explosive Device drove through the gates of Parliament House. When they were challenged, they jumped out of the car and opened fire. In the gun battle that followed, all the attackers were killed. Eight security personnel and a gardener were killed too. The dead terrorists, the police said, had enough explosives to blow up the Parliament building, and enough ammunition to take on a whole battalion of soldiers. Unlike most terrorists, these five left behind a thick trail of evidence—weapons, mobile phones, phone numbers, ID cards, photographs, packets of dry fruit, and even a love letter.
Not surprisingly, PM A.B. Vajpayee seized the opportunity to compare the assault to the September 11 attacks in the US that had happened only three months previously.
| | | | In its August 4, 2005, judgement the Supreme Court clearly says that there was no evidence that Mohammed Afzal belonged to any terrorist group or organisation. | | | | |
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On December 14, 2001, the day after the attack on Parliament, the Special Cell of the Delhi Police claimed it had tracked down several people suspected to have been involved in the conspiracy. A day later, on December 15, it announced that it had "cracked the case": the attack, the police said, was a joint operation carried out by two
Pakistan-based terrorist groups, Lashkar-e-Toiba and Jaish-e-Mohammed. Twelve people were named as being part of the conspiracy. Ghazi Baba of the Jaish (Usual Suspect I), Maulana Masood Azhar also of the Jaish (Usual Suspect II); Tariq Ahmed (a "Pakistani"); five deceased "Pakistani terrorists" (we still don't know who they are). And three Kashmiri men,
S.A.R. Geelani, Shaukat Hussain Guru, and Mohammed Afzal; and Shaukat's wife Afsan Guru. These were the only four to be arrested.
In the tense days that followed, Parliament was adjourned. On
December 21, India recalled its high commissioner from Pakistan, suspended air, rail and bus communications and banned over-flights. It put into motion a massive mobilisation of its war machinery, and moved more than half-a-million troops to the Pakistan border. Foreign embassies evacuated their staff and citizens, and tourists travelling to India were issued cautionary travel advisories. The world watched with bated breath as the subcontinent was taken to the brink of
nuclear war. (All this
cost India an estimated Rs 10,000 crore of public money. A few hundred soldiers died just in the panicky process of mobilisation.)
Almost three-and-a-half years later, on August 4, 2005, the Supreme Court delivered its
final judgement in the case. It endorsed the view that the Parliament attack be looked upon as an act of war. It said, "The attempted attack on Parliament is an undoubted invasion of the sovereign attribute of the State including the Government of India which is its alter ego...the deceased terrorists were roused and impelled to action by a strong anti-Indian feeling as the writing on the fake home ministry sticker found on the car (Ex PW1/8) reveals." It went on to say "the modus operandi adopted by the hardcore 'fidayeens' are all demonstrative of launching a war against the Government of India".
The text on the fake home ministry sticker read as follows:
"INDIA IS A VERY BAD COUNTRY AND WE HATE INDIA WE WANT TO DESTROY INDIA AND WITH THE GRACE OF GOD WE WILL DO IT GOD IS WITH US AND WE WILL TRY OUR BEST. THIS EDIET WAJPAI AND ADVANI WE WILL KILL THEM. THEY HAVE KILLED MANY INNOCENT PEOPLE AND THEY ARE VERY BAD PERSONS THERE BROTHER BUSH IS ALSO A VERY BAD PERSON HE WILL BE NEXT TARGET HE IS ALSO THE KILLER OF INNOCENT PEOPLE HE HAVE TO DIE AND WE WILL DO IT."
This subtly worded sticker-manifesto was displayed on the windscreen of the car bomb as it drove into Parliament. (Given the amount of text, it's a wonder the driver could see anything at all. Maybe that's why he collided with the Vice-President's cavalcade?)
The police chargesheet was filed in a special fast-track trial court designated for cases under the Prevention of Terrorism Act (POTA). The trial court sentenced Geelani, Shaukat and Afzal to death. Afsan Guru was sentenced to five years of rigorous imprisonment. The high court subsequently acquitted Geelani and Afsan, but it upheld Shaukat's and Afzal's death sentence. Eventually, the Supreme Court upheld the acquittals, and reduced Shaukat's punishment to 10 years of rigorous imprisonment. However it not just confirmed, but enhanced Mohammed Afzal's sentence. He has been given three life sentences and a double death sentence.
| | | | The SC goes on to say, "The incident... had shaken the entire nation, and the collective conscience of the society will only be satisfied if capital punishment is awarded to the offender." | | | | |
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In its August 4, 2005, judgement, the Supreme Court clearly says that there was no evidence that Mohammed Afzal belonged to any terrorist group or organisation. But it also says, "As 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 'fidayeen' terrorists."
So: No direct evidence, but yes, circumstantial evidence.
A controversial paragraph in the judgement goes on to say, "The 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. The challenge to the unity, integrity and sovereignty of India by these acts of terrorists and conspirators can only be compensated by giving maximum punishment to the person who is
proved to be the conspirator in this treacherous act" (emphasis mine).
To invoke the 'collective conscience of society' to validate ritual murder, which is what the death penalty is, skates precariously close to valorising lynch law. It's chilling to think that this has been laid upon us not by predatory politicians or sensation-seeking journalists (though they too have done that), but as an edict from the highest court in the land.
Spelling out the reasons for awarding Afzal the death penalty, the judgement goes on to say, "The appellant, who is a surrendered militant and who was bent upon repeating the acts of treason against the nation, is a menace to the society and his life should become extinct."
This paragraph combines flawed logic with absolute ignorance of what it means to be a 'surrendered militant' in Kashmir today.
So: Should Mohammed Afzal's life become extinct?
A small, but influential minority of intellectuals, activists, editors, lawyers and public figures have objected to the Death Sentence as a matter of moral principle. They also argue that there is no empirical evidence to suggest that the Death Sentence works as a deterrent to terrorists. (How can it, when, in this age of fidayeen and suicide bombers, death seems to be the main attraction?)
If opinion polls, letters-to-the-editor and the reactions of live audiences in TV studios are a correct gauge of public opinion in India, then the lynch mob is expanding by the hour. It looks as though an overwhelming majority of Indian citizens would like to see Mohammed Afzal hanged every day, weekends included, for the next few years. L.K. Advani, leader of the Opposition, displaying an unseemly sense of urgency, wants him to be hanged as soon as possible, without a moment's delay.
| | | | The police knew their cold-blooded fabrication of a profile for these 'terrorists' would mould public opinion, create a climate for trial. But there will not be any legal scrutiny. | | | | |
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Meanwhile in Kashmir, public opinion is equally overwhelming. Huge angry protests make it increasingly obvious that if Afzal is hanged, the consequences will be political. Some protest what they see as a miscarriage of justice, but even as they protest, they do not expect justice from Indian courts. They have lived through too much brutality to believe in courts, affidavits and justice any more. Others would like to see Mohammed Afzal march to the gallows like Maqbool Butt, a proud martyr to the cause of Kashmir's freedom struggle. On the whole, most Kashmiris see Mohammed Afzal as a sort of prisoner-of-war being tried in the courts of an occupying power. (Which it undoubtedly is). Naturally, political parties, in India as well as in Kashmir, have sniffed the breeze and are cynically closing in for the kill.
Sadly, in the midst of the frenzy, Afzal seems to have forfeited the right to be an individual, a real person any more.
| | | | Think about it. On the basis of illegal confessions extracted under torture, hundreds of thousands of soldiers were moved to the Pakistan border at huge cost to the exchequer. | | | | |
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He's become a vehicle for everybody's fantasies—nationalists, separatists, and anti-capital punishment activists. He has become India's great villain and Kashmir's great hero—proving only that whatever our pundits, policymakers and peace gurus say, all these years later, the war in Kashmir has by no means ended.
In a situation as fraught and politicised as this, it's tempting to believe that the time to intervene has come and gone. After all, the judicial process lasted 40 months, and the Supreme Court has examined the evidence before it. It has convicted two of the accused and acquitted the other two. Surely this in itself is proof of judicial objectivity? What more remains to be said? There's another way of looking at it. Isn't it odd that the prosecution's case, proved to be so egregiously wrong in one half, has been so gloriously vindicated in the other?
The story of Mohammed Afzal is fascinating precisely because he is
not Maqbool Butt. Yet his story too is inextricably entwined with the story of the Kashmir Valley. It's a story whose coordinates range far beyond the confines of courtrooms and the limited imagination of people who live in the secure heart of a self-declared 'superpower'. Mohammed Afzal's story has its origins in a war zone whose laws are beyond the pale of the fine arguments and delicate sensibilities of normal jurisprudence.
For all these reasons it is critical that we consider carefully the strange, sad, and utterly sinister story of the December 13 Parliament attack.
| | | | Killing people and falsely identifying them as 'foreign terrorists', or falsely identifying dead people as 'foreign terrorists' is not uncommon among security forces. | | | | |
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It tells us a great deal about the way the world's largest 'democracy' really works. It connects the biggest things to the smallest. It traces the pathways that connect what happens in the shadowy grottos of our police stations to what goes on in the cold, snowy streets of Paradise Valley; from there to the impersonal malign furies that bring nations to the brink of nuclear war. It raises specific questions that deserve specific, and not ideological or rhetorical answers. What hangs in the balance is far more than the fate of one man.
| | | | Of course, judicial objectivity exists. But it's a shy beast that lives deep in the labyrinth of our legal system. It takes whole teams of top lawyers to coax it out of its lair. | | | | |
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On October 4 this year, I was one amongst a very small group of people who had gathered at Jantar Mantar in New Delhi to protest against Mohammed Afzal's death sentence. I was there because I believe Mohammed Afzal is only a pawn in a very sinister game. He's not the Dragon he's being made out to be, he's only the Dragon's footprint. And if the footprint is made to 'become extinct', we'll never know who the Dragon was. Is.
Not surprisingly, that afternoon there were more journalists and TV crews than there were protesters. Most of the attention was on Ghalib, Afzal's angelic looking little son. Kind-hearted people, not sure of what to do with a young boy whose father was going to the gallows, were plying him with ice-creams and cold drinks. As I looked around at the people gathered there, I noted a sad little fact.
| | | | Afzal's lawyer did not once visit his client in jail to take instructions. He did not summon a single witness in Afzal's defence, barely cross-examined the prosecution's witnesses. | | | | |
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The convener of the protest, the small, stocky man who was nervously introducing the speakers and making the announcements, was S.A.R. Geelani, a young lecturer in Arabic Literature at Delhi University. Accused Number Three in the Parliament Attack case. He was arrested on December 14, 2001, a day after the attack, by the Special Cell of the Delhi Police. Though Geelani was brutally tortured in custody, though his family—his wife, young children and brother—were illegally detained, he refused to confess to a crime he hadn't committed. Of course you wouldn't know this if you read newspapers in the days following his arrest. They carried detailed descriptions of an entirely imaginary, non-existent confession. The Delhi Police portrayed Geelani as the evil mastermind of the Indian end of the conspiracy. Its scriptwriters orchestrated a hateful propaganda campaign against him, which was eagerly amplified and embellished by a hyper-nationalistic, thrill-seeking media. The police knew perfectly well that in criminal trials, judges are not supposed to take cognisance of media reports. So they knew that their entirely cold-blooded fabrication of a profile for these 'terrorists' would mould public opinion, and create a climate for the trial. But it would not come in for any legal scrutiny.
Here are some of the malicious, outright lies that appeared in the mainstream press:
'Case Cracked: Jaish behind Attack'
The Hindustan Times, Dec 16, 2001: Neeta Sharma and Arun Joshi
"In Delhi, the Special Cell detectives detained a Lecturer in Arabic, who teaches at Zakir Hussain College (Evening)...after it was established that he had received a call made by militants on his mobile phone." Another column in the same paper said: "Terrorists spoke to him before the attack and the lecturer made a phone call to Pakistan after the strike."
'DU Lecturer was terror plan hub'
The Times of India, Dec 17, 2001
"The attack on Parliament on December 13 was a joint operation of the Jaish-e-Mohammed (JeM) and Lashkar-e-Toiba (LeT) terrorist groups in which a Delhi University lecturer, Syed A.R.
| | | | The callousness with which the investigations were carried out demonstrate a worrying belief that they wouldn't be 'found out', and if they were, it wouldn't matter very much. | | | | |
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Gilani, was one of the key facilitators in Delhi, Police Commissioner Ajai Raj Sharma said on Sunday."
'Varsity don guided fidayeen'
The Hindu, Dec 17, 2001: Devesh K. Pandey
"During interrogation Geelani disclosed that he was in the know of the conspiracy since the day the 'fidayeen' attack was planned."
'Don lectured on terror in free time'
The Hindustan Times, Dec 17, 2001: Sutirtho Patranobis
"Investigations have revealed that by evening he was at the college teaching Arabic literature. In his free time, behind closed doors, either at his house or at Shaukat Hussain's, another suspect to be arrested, he took and gave lessons on terrorism..."
'Professor's proceeds'
The Hindustan Times, Dec 17, 2001
"Geelani recently purchased a house for 22 lakhs in West Delhi.
| | | | It was a chilling moment in court. Akbar, the J&K cop who'd signed Afzal's Seizure Memo, told him in Kashmiri that "his family was alright". Afzal knew this was a veiled threat. | | | | |
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Delhi Police are investigating how he came upon such a windfall...".
'Aligarh se England tak chaatron mein aatankwaad ke beej bo raha tha Geelani (From Aligarh to England Geelani sowed the seeds of terrorism)
Rashtriya Sahara, Dec 18, 2001: Sujit Thakur
Trans: "...According to sources and information collected by investigation agencies, Geelani has made a statement to the police that he was an agent of Jaish-e-Mohammed for a long time.... It was because of Geelani's articulation, style of working and sound planning that in 2000 Jaish-e-Mohammed gave him the responsibility of spreading intellectual terrorism."
'Terror suspect frequent visitor to Pak mission'
The Hindustan Times, Dec 21, 2001: Swati Chaturvedi
"During interrogation, Geelani has admitted that he had made frequent calls to Pakistan and was in touch with militants belonging to Jaish-e-Mohammed...Geelani said that he had been provided with funds by some members of the Jaish and told to buy two flats that could be used in militant operations."
'Person of the Week'
Sunday Times of India, Dec 23, 2001:
"A cellphone proved his undoing.
| | | | Why is it that when there is this whole murky universe begging to be revealed, our TV channels are busy staging hollow debates between uninformed people and grasping politicians. | | | | |
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Delhi University's Syed A.R. Geelani was the first to be arrested in the December 13 case—a shocking reminder that the roots of terrorism go far and deep..."
Zee TV trumped them all. It produced a film called
December 13th, a 'docudrama' that claimed to be the 'truth based on the police chargesheet'. (A contradiction in terms, wouldn't you say?) The film was privately screened for Prime Minister A.B. Vajpayee and Home Minister L.K. Advani. Both men applauded the film. Their approbation was widely reported by the media.

TV grab of one of the terrorists of the December 13, 2001, Parliament attack
The Supreme Court dismissed an appeal to stay the broadcast of the film on the grounds that judges are not influenced by the media. (Would the Supreme Court concede that even if judges are beyond being influenced by media reports, the 'collective conscience of the society' might not be?) December 13th was broadcast on Zee TV's national network a few days before the fast-track trial court sentenced Geelani, Afzal and Shaukat to death. Geelani eventually spent 18 months in jail, many of them in solitary confinement on death row.
He was released when the high court acquitted him and Afsan Guru. (Afsan, who was pregnant when she was arrested, had her baby in prison.
| | | | Unmoor yourself conceptually, if only for a moment, from the 'Police is Good/Terrorists are Evil' ideology. The evidence, minus its ideological trappings, opens up terrifying possibilities. | | | | |
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Her experience broke her. She now suffers from a serious psychotic condition.) The Supreme Court upheld the acquittal. It found absolutely no evidence to link Geelani with the Parliament attack or with any terrorist organisation.
Not a single newspaper or journalist or TV channel has seen fit to apologise to Geelani for their lies. But S.A.R.