the more stubbornly it persists with its haunting.
The third anniversary of the hanging of Mohammed Afzal Guru fell on February 9, 2016. Although Afzal was not accused of direct involvement in the 2001 attack on the Indian Parliament, he was convicted by the Delhi High Court and given three life sentences and a double death sentence for being part of the conspiracy. In August 2005, the Supreme Court upheld this judgment and famously said,
As is the case with most conspiracies, there is and could be no direct evidence amounting to criminal conspiracy. . . . The incident which resulted in heavy casualties had shaken the entire nation, and the collective conscience of the society will only be satisfied if capital punishment is awarded to the offender. 7
The controversy over the Parliament attack, over the Supreme Court judgment, and over Afzal’s sudden, secret execution is by no means a new one. Several books and essays by scholars, journalists, lawyers, and writers (including me) have been published on the subject. Some of us believe that there are grave questions about the attack that remain unanswered, and that Afzal was framed and did not receive a fair trial. Others believe that the manner of his execution was a miscarriage of justice.
After the Supreme Court judgment, Afzal remained in solitary confinement in Tihar Jail for several years. The BJP, which was out of power at the center during those years, made frequent and aggressive demands that he be pulled out of the queue of those awaiting execution and hanged. The issue became a central theme in its election campaigns. Its slogan was: Desh abhi sharminda hai, Afzal abhi bhi zinda hai. (The country hangs its head in shame because Afzal is still alive.)
As the 2014 general election approached, the Congress-led government in power at the center—weakened by a series of corruption scandals and terrified of being outflanked by the BJP in this contest of competitive nationalism, one that the Congress is doomed to lose—pulled Afzal out of his cell one morning and hurriedly hanged him. His family was not even informed, let alone permitted a last visit. For fear that his grave would become a monument and a political rallying point for the struggle in Kashmir, he was buried inside Tihar Jail, next to Maqbool Butt, the Kashmiri separatist hero who was hanged in 1984 . (P. Chidambaram, who served the Congress-led government as home minister from 2008 to 2012, now says that Afzal’s case was “perhaps not correctly decided.” When I was in Class IV, we had a saying: Sorry doesn’t make a dead man alive.)
Every year since then, on the anniversary of Afzal Guru’s hanging, the Kashmir valley shuts down in protest. Leave alone the Kashmiri nationalists, even the mainstream, pro-India Peoples Democratic Party, currently the BJP’s coalition partner in the state of Jammu and Kashmir, continues to demand that Afzal’s mortal remains be returned to his family for a proper burial.
A few days prior to the third anniversary of his death, notices appeared on the JNU campus inviting students to a cultural evening “against the Brahmanical ‘collective conscience,’ against the judicial killing of Afzal Guru andMaqbool Butt” and “in solidarity with the struggle of Kashmiri people for their democratic right to self-determination.”
It was not the first time JNU students had met to discuss these issues. Only this time, the February 9 anniversary fell three weeks after Rohith Vemula’s suicide. The atmosphere was politically charged. Once again, the ABVP was the cat’s paw. It complained to the university authorities, then invited the Delhi police to intervene in what it said was “anti-national activity.” A camera crew from Zee TV was on hand to record the event. The first batch of footage in that Zee broadcast showed two groups of students confronting each other on the JNU campus, shouting slogans. In response to the ABVP’s Bharat Mata ki jai! (Victory to Mother