Oflate heated debate over execution of Yakub Memon as taken major space in English dailies and television time slot. The trial court pronounced its verdict in 2007,14 years after the crime that shook India. It is preposterous that so much time should have been elapsed. It took another eight years to hang the accused in the midst of a big drama after the last minute appeal.
One school of thought is that the capital punishment as per the statute has to implemented, while the other school, those opposed to it say that this has become outdated and barbaric and that it should be scrapped as it doesn't serve as deterrent any more and already more than 100 countries in world have dispensed with it.In this case a thorough investigation has been done and judicial process has been meticulous. There could have been hardly any doubt that the perpetrators of this heinous crime deserved harshest punishment, but if we look at from the other side of the view we see certain hard realities. A man's last few hours under certainty of impending death, his family members being handed over a lifeless body with a broken spine will be the reality which give a severe jolt to the nation.
Many of us know as I said above that many countries have already abolished the capital punishment and now it is time for India to follow suite. The Law commission is seriously working on it and may recommend for its abolition soon. In such rare cases rigorous imprisonment till death would have been more appropriate. If we recollect, something similar also transpired in the case of hanging Afzal Guru for his attack on Parliament.
When blasts occurred in 1993 had the judgement been pronounced immediately after a reasonable period, the situation would have been different. There would have been some sense of closure for all of us. The long lapse has also made it worse and it points to inefficient investigative procedures, lapses in the functioning of our judicial system, and non seriousness of the Govt machinery. Justice delayed is justice denied.
In the instant case of Yakub Memon, there seems to be critical failures on all the counts, leading to the wide spread impression that justice was not done. As I understand, he was convicted on the basis of the statements of his co-accused, a provision permitted under TADA only. It also a fact that this one man who didn't handle weapons or even explosives, was given the death penalty .
While the other school of thought, that such a punishment is required as the accused who has not spared a thought for the death of innocent civilians in the serial blasts, was infact given all the opportunities under the Indian jurisprudence with the Supreme Court literally " burning midnight oil". Though the death sentence may not be a deterrent against terrorism, but it finds a place in the statute book, as such the courts cannot be faulted in awarding it. But in the case of Memon his legal team tried their best to save him. Even after three member bench of Supre Court rejected his mercy plea on last Wednesday, another mercy petition was submitted to the President.Though President has already rejected the mercy plea earlier, he still had long meeting with Union Home Minister and legal experts before he went by the centre's recommendation to reject it. All this shows that by no stretch of imagination could it be held that he didn't get fair deal and Memon shouldn't have forgotten that the explosion has resulted in the death 257 innocent people.
However I feel, the incident is wrong step but in the right direction. Wrong step that this has happened at a time when many intellectuals and legal luminaries are debating the continuance of the death penalty. Right because it would send a strong signal to the terrorists of both domestic and international that they cannot use our soil as their play ground. Let us salute our judiciary and send a message to perpetrators of such heinous crime that we also respect the right of innocent victims of 1993 Mumbai blasts.
In the end one can ask whether such executions would put an end to terrorism? The answer can never be affirmative. Courts across the world must think of alternative ways of punishing terrorists. The Govt shpould come with strategy to root out terror, but execution may be cowardice. As all of us know that the capital punishment has become a hot topic but I feel we need stringent laws on counter terrorism. And culprits have to punished without delay as Indian legal system uneccessarily gives terrorists a fairly long rope before taking the final step.
