2013: Afzal Guru, India parliament attack terrorist

This morning at New Delhi’s Tihar Jail, India hanged the Jaish-e-Mohammad terrorist Mohammad Afzal Guru for the deadly attack on India’s parliament building eleven-plus years before.

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.

Afzal Guru, a fruit seller and Jammu and Kashmir native, had found his way into that struggle years before via the Liberation Front founded by Kashmir separatist martyr Maqbool Bhat.

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.)

Plus, at the time, actual executions were an extreme rarity in India.

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.

On this day..

2012: Ajmal Kasab, 26/11 Mumbai terrorist

At 7:30 this morning at Yerwada jail in Pune, Maharashtra, the sole surviving author of 21st century India’s most notorious terrorist plot was put to death.

Ajmal Kasab was captured alive after the deadly November 26, 2008 Mumbai terrorist attacks. The “26/11” date will live quite a while in infamy on the subcontinent … as will the chilling CCTV images of the armed and armored Kasab prowling the Chhatrapati Shivaji Terminus. Kasab and his partner in the rail station attack slew more than 50 people that evening, and another dozen-plus policemen in running gun battles as they fled the scene.

This was only one of a multitude of Mumbai targets hit in an audacious attack on that 26/11 by a ten-man team of Lashkar-e-Taiba* Islamic militants, trained in Pakistan. They had sailed in from Karachi (murdering the crew of a small fishing boat they hijacked) just for the occasion.

Kasab’s confederates elsewhere in town achieved a similar body count hitting a pair of five-star hotels, the Taj Mahal and the Oberoi Trident, each of which turned into a multi-day hostage standoff only resolved by a bloody to-the-death shootout with paramilitaries.

Attacks on a cafe and a Jewish center, as well as several timed bombs, also took place. In all, some 166 people — plus nine of the ten terrorists responsible — died, with hundreds more wounded and a nation of more than a billion shaken and angry. It’s one of those cases that make people say, “if ever there was a death penalty case …” Kasab’s speedy dispatch has been a hot political topic since he was first handed a death sentence on May 6, 2010, and the whole affair has not done any favors for the ever-touchy India-Pakistan relationship.

The (usually) sluggish India death penalty process requires that cases cleared by the judiciary receive executive clemency consideration — a stage of the process that often takes years. Recent presidents have tended to stand on only considering such applications in the order they are submitted, and then either granting those clemencies after ponderous review, or scarcely prioritizing any review at all, with further judicial interventions and a shrinking pool of trained hangmen also gumming up the works.

It’s been a recipe for virtual death penalty abolition: the last hanging prior to Kasab’s was in 2004, India’s only other execution this century. This is in a country with one-sixth of the world’s population.

Pranab Mukherjee, India’s new president, took office with a number of presidential clemency applications still pending, some dating back to the late Nineties. While there’s no guarantee that he’ll break with the glacial pattern established by his predecessors when it comes to backlogged everyday criminals, Mukherjee advanced this exceptional petition right to the front of the line and turned it down flat even as Kasab was secretly transferred from his unusual egg-shaped bombproof Mumbai cell to the hanging facility at Yerwada.

“His execution,” said Maharashta Home Minister R.R. Patil, “is a tribute to the victims.”

* Lashkar-e-Taiba also masterminded a 2001 massacre at the Indian Parliament, which brought India and Pakistan to the brink of war.

On this day..