We’ve just posted a new podcast conversation with Will Francome of One For Ten, a documentary project that’s aiming to produce a series of short films about ten people exonerated from death row in the U.S. Here’s One For Ten’s pilot on Ray Krone.
One For Ten is crowdsourcing £30,000 needed to fund the project. You can donate here. (Full disclosure: I did so myself.)
In that December 13, 2001 strike, a team of five gunmen infiltrated the New Delhi government building and went to work. No government ministers were killed, but several police officers and a gardener died in the ensuing shootout before the militants were themselves shot dead. Some eighteen others were wounded.
The subsequent investigation led back to Kashmiri separatists, coordinating with the Pakistani Lashkar-e-Toiba.
He was condemned for having conspired in the attacks, arranging the attackers’ weapons, and procuring the New Delhi safehouse where the gunmen organized.* (When searched, the place was found stocked with explosives.) Afzal Guru claimed that he was tortured into confessing and denied taking part in the conspiracy.
Though there’s been criticism of the trial’s fairness given the raw aftermath of the shocking attack, India’s Supreme Court confirmed the death sentence years ago:
The incident, which resulted in heavy casualties, has shaken the entire nation and the collective conscience of the society will be satisfied if the 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 the maximum punishment to the person who is proved to be a conspirator in this treacherous act. 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 should become extinct. Accordingly we uphold the death sentence. (from the judgment upholding Guru’s hanging, via this anti-execution pdf pamphlet)
However, actual execution of the death sentence stalled out during the condemned man’s post-appeals clemency petition. It was a sensitive political case, for Kashmir itself (whose towns are reported today to be fortified with added security details), and as a potential irritant to Hindu-Muslim relations and India’s own tense border with Pakistan. (In the weeks following the parliament attack, India and Pakistan had a dangerous military standoff which could easily have become a nuclear war.)
Those times might be changing. While it’s conceivable that Afzal Guru might have lived out his natural life in prison under an empty death sentence, the even more devastating “26/11″ plot in Mumbai in 2008 advanced an even more notorious Pakistan-backed terrorist incident to the front pages — and the front of the hanging queue. India broke an eight-year death penalty moratorium on November 21, 2012 when it hanged the Mumbai plot’s lone survivor, Ajmal Kasab.
To judge by nothing but the visible public clues, that execution might have pulled Afzal Guru to the gallows in its train, inasmuch as it ratcheted up the profile, and the perceived stakes, of Islamic terrorism in India. Guru’s hanging was being publicly demanded almost as a logical consequence as soon as Ajmal Kasab’s execution went public.
Kasab’s death also provided a logistical game plan for this date’s hanging: the entire operation arranged in secret, set up to go into immediate motion upon rejection of that long-neglected clemency brief, and the wider public to find out only after the fact.
Kasab and Guru were implicated in extraordinary crimes; it will be interesting to discover whether either the fact of their actual executions or the stealth with which they were conducted will pattern to the more humdrum common-criminal murderers and rapists also lying under sentences of death.
* Three others, SAR Geelani, Shaukat Hussain, and Afsan Guru (no relation), also stood trial for the conspiracy; the former two were condemned, but the sentences vacated on appeal, while Afsan Guru was acquitted outright. All three are free today, or at least are free of of legal jeopardy in this case.