Government delaying Afzal hanging: HC judge

Retired Delhi High Court Judge SN Dhingra, who had pronounced death sentence for Parliament attack convict Afzal Guru, said the government is delaying execution of the verdict.

“A judge?s job is to decide the case. Execution of the criminal is not in our hands. It?s the government?s job to execute the order,” said Dhingra, who retired on Tuesday.

Asked why Afzal Guru?s hanging is being delayed, he said: “If government is delaying, the government should explain, not me.”

“It is unfortunate that now we are categorising criminals depending on their cast, creed and religion,” Dhingra said.

On Feb 11, the Supreme Court issued notice to the government on Afzal Guru?s plea to shift him to a Jammu and Kashmir prison from Tihar jail here.

A bench of justices Aftab Alam and RM Lodha, while seeking the Centre?s response on the plea, also asked Afzal?s counsel if his client was agreeable to any place other than Jammu and Kashmir.

Afzal?s counsel, VC Mahajan, said that a jail in Pathankot in bordering Punjab would also be suitable.

Afzal, facing death row in the 2001 December Parliament attack case, had pleaded that he be shifted to a jail in Jammu and Kashmir so that he can be nearer to his family.

He had contended that he had an 11-year-old son and above 80 years old mother and it is difficult for them to travel to Delhi to meet him.

He wanted to be shifted to Jammu and Kashmir or the government to bear the travel expenses of his family to Delhi.

The apex court bench, while taking up Afzal?s plea, asked his lawyer if these grounds were justified for seeking transfer to a different jail.

The court also sought to know the status of Afzal?s mercy petition, to which his counsel informed that it has been pending for the last five years.

A native of Sopore in Kashmir valley, Guru was convicted of masterminding the on Dec 13, 2001 attack on the Indian Parliament in which all the attackers and nine security personnel were killed.

The Supreme Court sentenced him to death in 2004.

The sentence was scheduled to be carried out on 20 October 2006. But Afzal was given a stay of execution and remains on death row.

His wife?s petition for mercy before the Supreme Court was rejected and another mercy petition remains pending before the President.