Capitalism (9 page)

Contrary to the lies that have been put about by some senior journalists who would have known better, Afzal Guru was not one of “the terrorists who stormed Parliament House on December 13th 2001,” nor was he among those who “opened fire on security personnel, apparently killing three of the six who died.” (That was the BJP Rajya Sabha MP, Chandan Mitra, in the
Pioneer
, October 7, 2006.) Even the police charge sheet does not accuse him of that. The Supreme Court judgment says the evidence is circumstantial: “As is the case with most conspiracies, there is and could be no direct evidence amounting to criminal conspiracy.” But then it goes on to say: “The incident, which resulted in heavy casualties had shaken the entire nation, and the collective conscience of society will only be satisfied if capital punishment is awarded to the offender.”
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Who crafted our collective conscience on the Parliament Attack case? Could it have been the facts we gleaned in the papers? The films we saw on TV?

There are those who will argue that the very fact that the courts acquitted S. A. R. Geelani and convicted Afzal proves that the trial was free and fair. Was it?

The trial in the fast-track court began in May 2002. The world was still convulsed by post-9/11 frenzy. The US government was gloating prematurely over its “victory” in Afghanistan. The Gujarat pogrom was ongoing. And in the Parliament Attack case, the Law was indeed taking its own course. At the most crucial stage of a criminal case, when evidence is presented, when witnesses are cross-examined, when the foundations of the argument are laid—in the High Court and Supreme Court you can only argue points of law, you cannot introduce new evidence—Afzal Guru, locked in a high-security solitary cell, had no lawyer. The court-appointed junior lawyer did not visit his client even once in jail; he did not summon any witnesses in Afzal's defense and did not cross-examine the prosecution witnesses. The judge expressed his inability to do anything about the situation.

Even still, from the word go, the case fell apart. A few examples out of many:

How did the police get to Afzal? They said that S. A. R. Geelani led them to him. But the court records show that the message to arrest Afzal went out before they picked up Geelani. The High Court called this a “material contradiction” but left it at that.

The two most incriminating pieces of evidence against Afzal were a cell phone and a laptop confiscated at the time of arrest. The Arrest Memos were signed by Bismillah, Geelani's brother, in Delhi. The Seizure Memos were signed by two men of the J&K Police, one of them an old tormentor from Afzal's past as a surrendered “militant.” The computer and cell phone were not sealed, as evidence is required to be. During the trial it emerged that the hard disk of the laptop had been accessed after the arrest. It contained only the fake Home Ministry passes and the fake identity cards that the “terrorists” used to access Parliament. And a Zee TV video clip of Parliament House. So according to the police, Afzal had deleted all the information except the most incriminating bits, and he was speeding off to hand it over to Ghazi Baba, whom the charge sheet described as the chief of operations.

A witness for the prosecution, Kamal Kishore, identified Afzal and told the court he had sold him the crucial SIM card that connected all the accused in the case to each other on December 4, 2001. But the prosecution's own call records showed that the SIM was actually operational from November 6, 2001.

It goes on and on, this pile-up of lies and fabricated evidence. The courts note them, but for their pains the police get no more than a gentle rap on their knuckles. Nothing more.

Then there's the backstory. Like most surrendered militants, Afzal was easy meat in Kashmir—a victim of torture, blackmail, extortion. In the larger scheme of things he was a nobody. Anyone who was really interested in solving the mystery of the Parliament Attack would have followed the dense trail of evidence that was on offer. No one did, thereby ensuring that the real authors of conspiracy will remain unidentified and uninvestigated.

Now that Afzal Guru has been hanged, I hope our collective conscience has been satisfied. Or is our cup of blood still only half full?

Chapter 6

Consequences
of hanging Afzal Guru

What are the political consequences of the secret and sudden hanging of Mohammad Afzal Guru, prime accused in the 2001 Parliament Attack, going to be? Does anybody know?

The memo, in callous bureaucratese, with every name insultingly misspelled, sent by the superintendent of Central Jail Number 3, Tihar, New Delhi, to “Mrs Tabassum w/o Sh Afjal Guru,” reads:

The mercy petition of Sh Mohd Afjal Guru s/o Habibillah has been rejected by Hon'ble President of India. Hence the execution of Mohd Afjal Guru s/o Habibillah has been fixed for 09/02/2013 at 8 AM in Central Jail No-3.

This is for your information and for further necessary action.

The memo arrived after the execution had already taken place, denying Tabassum one last legal chance—the right to challenge the rejection of the mercy petition.
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Both Afzal
and
his family, separately, had that right. Both were thwarted. Even though it is mandatory in law, the memo to Tabassum provided no reason for the president's rejection of the mercy petition. If no reason is given, on what basis do you appeal? All the other prisoners on death row in India have been given that last chance.

Since Tabassum was not allowed to meet with her husband before he was hanged, since her son was not allowed to get a few last words of advice from his father, since she was not given his body to bury, and since there can be no funeral, what “further necessary action” does the Jail Manual prescribe? Anger? Wild, irreparable grief? Unquestioning acceptance? Complete integration?

After the hanging, there were unseemly celebrations on the streets. The bereaved wives of the people who were killed in the Attack were displayed on TV, with chairman of the All-India Anti-Terrorist Front M. S. Bitta and his ferocious mustaches playing the CEO of their sad little company. Will anybody tell them that the men who shot their husbands were killed at the same time, in the same place, right there and then? And that those who planned the Attack will never be brought to justice because we still don't know who they are?

Meanwhile Kashmir is under curfew, once again. Its people have been locked down like cattle in a pen, once again. They have defied the curfew, once again. Three people have already been killed in three days, and fifteen more grievously injured.
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Newspapers have been shut down, but anybody who trawls the Internet will see that this time the rage of young Kashmiris is not defiant and exuberant as it was during the mass uprisings in the summers of 2008, 2009, and 2010—even though 180 people lost their lives on those occasions. This time the anger is cold and corrosive. Unforgiving. Is there any reason why it shouldn't be?

For more than twenty years Kashmiris have endured a military occupation. The tens of thousands who lost their lives were killed in prisons, in torture centers, and in “encounters,” genuine as well as fake. What sets the execution of Afzal Guru apart is that it has given the young, who have never had any firsthand experience of democracy, a ringside seat to watch the full majesty of Indian democracy at work. They have watched the wheels turning, they have seen all its hoary institutions, the government, police, courts, political parties, and yes, the media, collude to hang a man, a Kashmiri, whom they do not believe to have received a fair trial, and whose guilt was by no means established beyond reasonable doubt. (He went virtually unrepresented in the lower court during the most crucial stage of the trial. Not only did the state-appointed counsel never visit his client in prison, he actually admitted incriminating evidence against him. The Supreme Court deliberated on that matter and decided it was okay.)
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They have watched the government pull him out of the death row queue and execute him out of turn. What direction, what form will their new cold, corrosive anger take? Will it lead them to the blessed liberation they so yearn for and have sacrificed a whole generation for, or will it lead to yet another cycle of cataclysmic violence, of being beaten down and then having “normalcy” imposed on them under soldiers' boots?

All of us who live in the region know that 2014 is going to be a watershed year. There will be elections in Pakistan, in India, and in the state of Jammu and Kashmir. We know that when the United States withdraws its troops from Afghanistan, the chaos from an already seriously destabilized Pakistan will spill into Kashmir, as it has done before. By executing Afzal Guru in the way that it did, the government of India has taken a decision to fuel that process of destabilization, to actually invite it in. (As it did before, by rigging the 1987 elections in Kashmir.) After three consecutive years of mass protests in the valley ended in 2010, the government invested a great deal in restoring its version of “normalcy” (happy tourists, voting Kashmiris). The question is, why was it willing to reverse all its own efforts? Leaving aside issues of the legality, the morality, and the venality of executing Afzal Guru in the way that it did, and looking at it just politically, tactically, it is a dangerous and irresponsible thing to have done. But it was done. Clearly, and knowingly.
Why?

I used the word
irresponsible
advisedly. Look what happened the last time around.

In 2001, within a week of the Parliament Attack (and a few days after Afzal Guru's arrest), the government recalled its ambassador from Pakistan and dispatched half a million troops to the border. On what basis was that done? The only thing the public was told is that while Afzal Guru was in the custody of the Delhi Police Special Cell, he had admitted to being a member of the Pakistan-based militant group Jaish-e-Mohammed (JeM). The Supreme Court set aside that “confession” extracted in police custody as inadmissible in law.
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Does a document that is inadmissible in law become admissible in war?

In its final judgment on the case, apart from the now famous statements about “satisfying collective conscience” and having no direct evidence, the Supreme Court also said there was “no evidence that Mohammed Afzal belonged to any terrorist group or organization.”
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So what justified that military aggression, that loss of soldiers' lives, that massive hemorrhaging of public money, and the real risk of nuclear war? (Remember how foreign embassies issued travel advisories and evacuated their staff?) Was there some intelligence that preceded the Parliament Attack and the arrest of Afzal Guru that we had not been told about? If so, how could the Attack have been allowed to happen? And if the intelligence was accurate enough to justify such dangerous military posturing, don't people in India, Pakistan, and Kashmir have the right to know what it was? Why was that evidence not produced in court to establish Afzal Guru's guilt?

In the endless debates around the Parliament Attack case, on this, perhaps the most crucial issue of all, there has been dead silence from all quarters—leftists, rightists, Hindutva-ists, secularists, nationalists, seditionists, cynics, critics. Why?

Maybe the JeM
did
mastermind the Attack. Praveen Swami, perhaps the Indian media's best-known expert on “terrorism,” who seems to have enviable sources in the Indian police and intelligence agencies, has recently cited the 2003 testimony of former ISI Chief Lieutenant General Javed Ashraf Qazi and the 2004 book by Muhammad Amir Rana, a Pakistani scholar, holding the JeM responsible for the Parliament Attack.
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(This belief in the veracity of the testimony of the chief of an organization whose mandate it is to destabilize India is touching.) It still doesn't explain what evidence there was in 2001, when the army mobilization took place.

For the sake of argument, let's accept that the JeM carried out the Attack. Maybe the ISI was involved too. We needn't pretend that the government of Pakistan is innocent of carrying out covert activity over Kashmir. (Just as the government of India does in Balochistan and parts of Pakistan. Remember the Indian army trained the Mukti Bahini in East Pakistan in the 1970s. It trained six different Srilankan Tamil militant groups, including the LTTE, in the 1980s.)

It's a filthy scenario all around.

What would a war with Pakistan have achieved then, and what will it achieve now? (Apart from a massive loss of life. And fattening the bank accounts of some arms dealers.) Indian hawks routinely suggest the only way to “root out the problem” is “hot pursuit” and the “taking out” of “terrorist camps” in Pakistan. Really? It would be interesting to research how many of the aggressive strategic experts and defense analysts on our TV screens have an interest in the defense and weapons industry. They don't even need war. They just need a warlike climate in which military spending remains on an upward graph. This idea of hot pursuit is even stupider and more pathetic than it sounds. What would they bomb? A few individuals? Their barracks and food supplies? Or their ideology? Look how the US government's “hot pursuit” has ended in Afghanistan. And look how a “security grid” of half a million soldiers has not been able to subdue the unarmed civilian population of Kashmir. And India is going to cross international borders to bomb a country—with nuclear arms—that is rapidly devolving into chaos? India's professional warmongers derive a great deal of satisfaction from sneering at what they see as the disintegration of Pakistan. Anyone with a rudimentary working knowledge of history and geography would know that the breakdown of Pakistan (into a gangland of crazed, nihilistic religious zealots) is absolutely no reason for anyone to rejoice.