tag:blogger.com,1999:blog-21825668.post8941007554759343813..comments2024-03-18T17:10:39.347+05:30Comments on E=mc^2: Afzal Guru hanged: Should we celebrate?Sujaihttp://www.blogger.com/profile/16539694685428659940noreply@blogger.comBlogger11125tag:blogger.com,1999:blog-21825668.post-5625290646060563882013-07-26T21:02:00.017+05:302013-07-26T21:02:00.017+05:30That is well written .. The judicial killing of A...That is well written .. The judicial killing of Afzal Guru was sad. Norway set the best example of evolved morality when they refused to give death sentence to a mass murderer. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-21825668.post-88387039806535249662013-02-24T19:12:45.252+05:302013-02-24T19:12:45.252+05:30Your concern for the rule of law in the case of ca...Your concern for the rule of law in the case of capital punishment is amazing considering you havent spoken one word against these bloody brainwashed freaks who think they will go to heaven by killing innocents. Where is your compassion for the people killed in train burnings, bomb blasts, indiscriminate shootings by these screwed up idiots. <br />Where is your compassion for the guy on the street who is commuting to his job and is killed by these scoundrels for no reason? What about his family? What about his rights to have a life?<br />Buddy, use some logic.. try not to follow these indian lefties so blindly.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-21825668.post-1199078476353259132013-02-11T16:04:31.362+05:302013-02-11T16:04:31.362+05:30Yes, we should celebrate the following:
1. In a l...Yes, we should celebrate the following:<br /><br />1. In a life-and-death situation, the home ministry chooses the best communication method available viz. speedpost<br /><br />2. The postal department delivers the letter on Monday Feb-11<br /><br />3. While ordinary people like me know how to track a consignment, the Home secretary does not have a clue<br /><br />Mera Bharat mahaan! Jai Gottimukkalahttps://www.blogger.com/profile/17295146527743208423noreply@blogger.comtag:blogger.com,1999:blog-21825668.post-47982338654522253702013-02-11T13:09:17.804+05:302013-02-11T13:09:17.804+05:30Kasab's accomplices were killed during action....Kasab's accomplices were killed during action. To that extent, these deaths can be considered to be a part of a war. Kasab's case is different because he was captured. He was unarmed when he was executed.<br /><br />It is true Kasab was tried under the prescribed due process. One of the arguments against capital punishment is that an irreversible step like taking life is incorrect as no process can ever be perfect.Jai Gottimukkalahttps://www.blogger.com/profile/17295146527743208423noreply@blogger.comtag:blogger.com,1999:blog-21825668.post-79993590152981881412013-02-10T18:50:37.626+05:302013-02-10T18:50:37.626+05:30There are no isolated incidents in law. They set p...<i>There are no isolated incidents in law. They set precedent for the next case. And before we realize, it becomes the general law of the land.</i><br /><br />That was well-said. <br /><br />Thanks for taking time to reply :)Rohan Shedagehttps://www.blogger.com/profile/10633169901152834269noreply@blogger.comtag:blogger.com,1999:blog-21825668.post-68591996313021160742013-02-10T17:31:33.720+05:302013-02-10T17:31:33.720+05:30Rohan Shedage:
what exactly is your concern?
My...Rohan Shedage:<br /><br /><i> what exactly is your concern?</i><br /><br />My concern can be captured in these two sentences.<br />1. I am opposed to meting out punishment to satisfy ‘collective conscience’. <br />2. I see a problem when circumstantial evidence is used to mete out death sentence. <br /><br />Modern judicial system, based on rule of law, is based on premise that ‘all are equal’ before law. This means that whether the criminal is a king or a pauper, the judicial system will treat him the same. It won’t go about saying, ‘hey, he is a politician, so let’s punish him more, or that he is very rich, so let him go scot free’. No matter who commits the crime, the verdict is same. <br /><br />In the same way, it does not matter who the victim is. Whether it is the Prime Minister who is assassinated or if it is the common man, the punishment cannot change. <br /><br />Rule of law dictates that the judge should keep the verdict unbiased. Just because people are baying for the blood, he should not mete out the strongest punishment. He should not be swayed by public opinion, or the coercion of Chief Minister. He should not reduce the punishment or increase it just because one MLA or one religion seeks it. <br /><br />If harsh punishment is meted out to ‘satisfy collective conscience’, it sets a bad legal precedent. Now, can we acquit someone because people believe he is innocent? Right now, mother of YS Jagan has collected 2 crore signatures requesting the state to release YS Jagan. Should we release him to ‘satisfy the collective opinion’ of 2 crore people? <br /><br />Supreme Court agreed that death sentence should used in ‘rarest of rare’ cases. It has agreed that in cases where there is no direct evidence, death sentence should not be awarded. And yet, while admitting that no direct evidence against Afzal Guru, it awards death sentence, only to ‘satisfy the collective conscience’. <br /><br /><i>If so then am I to assume that you have no problem with the maximum punishment if the law is to take its due course?</i><br /><br />While the hanging is legal, because it follows the law of the land, because it was done as per the verdict of Supreme court, it does not mean that we cannot challenge legal procedure and interpretation of the law itself. Let me give an example. Though Abraham Lincoln emancipated blacks through his famous amendments, Jim Crow laws were incorporated by states to segregate blacks. For nearly 100 years, those laws segregated and discriminated blacks in United States. Many people criticized the laws and the legal procedures which imposed this segregation. Blacks challenged it through powerful movements. Eventually through a series of landmark decisions in 1950-60s these interpretations were reversed, where ‘equal but separate’ Jim Crow laws were deemed unconstitutional. <br /><br /><i>2. Or is it the maximum punishment itself?</i><br /><br />My argument is quite simple. Capital punishment is being done away by most countries. Capital punishment is an archaic instrument which needs to be done away with. Even if we were to continue death sentence, we need to reserve it for ‘rarest of rare’ cases, and it should definitely be not used to ‘satisfy collective conscience’ and when the evidence is circumstantial. <br /><br /><i>Is his case an isolated incidence of opportunistic politics or I have more to fear?</i><br /><br />There are no isolated incidents in law. They set precedent for the next case. And before we realize, it becomes the general law of the land. <br /><br />We all have more to fear. ‘Satisfying collective conscience’ can be used to kill any enemy- either it is political enemy or the corporate enemy. POTA was used more to settle scores with opposition than to nab the real terrorists. Also, ‘exculpating through popular opinion’ can be used to exonerate politicians, like how Gujaratis exonerated Modi because he won the elections, or how Manmohan Singh exonerated his own government’s actions of UPA I citing the electoral win of UPA II, or like how now YS Jagan’s mom believes she can get his son out of jail by getting 2 crore signatures. <br /><br />Sujaihttps://www.blogger.com/profile/16539694685428659940noreply@blogger.comtag:blogger.com,1999:blog-21825668.post-7660124040430861982013-02-10T16:32:40.463+05:302013-02-10T16:32:40.463+05:30@Sujaida- Be kind enough to tell me what exactly i...@Sujaida- Be kind enough to tell me what exactly is your concern? Because after reading all your posts regarding Guru all I am getting is you are not content but not the exact reason reason why so?<br /><br />1. Is it the judgement in this particular case? You have mentioned before that if the law condemns Guru to death we should abide by such judgement. If so then am I to assume that you have no problem with the maximum punishment if the law is to take its due course?<br /><br />2. Or is it the maximum punishment itself? Your argument for such vexation being that ->no jury, no court, no evidence is infallible...<br /><br />3. Or is it the both 1 and 2? Such scenario will be analogous to a lap pouring in water in a tub which is leaking so generously that no matter how much you observe, water is not getting accumulated. You must devote yourself to one thing at a time...either the tap or the tub...not both (i mean that's why judiciary and legislature are not one man's estates)<br /><br />I agree Afzal Guru may be a victim. But what I want to know now after his death is -> Is his case an isolated incidence of opportunistic politics or I have more to fear? Rohan Shedagehttps://www.blogger.com/profile/10633169901152834269noreply@blogger.comtag:blogger.com,1999:blog-21825668.post-20192450463644692062013-02-10T12:58:30.941+05:302013-02-10T12:58:30.941+05:30Just because US practices capital punishment is no...Just because US practices capital punishment is no good reason for every country to do the same. The gun laws, preemptive strikes against other countries, opposing ban on mines, not recognizing international courts, etc, practiced by US are criticized worldwide. Sujaihttps://www.blogger.com/profile/16539694685428659940noreply@blogger.comtag:blogger.com,1999:blog-21825668.post-51852478264137825532013-02-10T12:37:22.197+05:302013-02-10T12:37:22.197+05:30What you are citing is one specific example where ...What you are citing is one specific example where there is video evidence of Ajmal Kasab. However, law cannot be defined as 'apply death sentence when video evidence' is available. Even if such a law exists, there are chances that innocent people are convicted because people make mistakes in identification even when seen on a video - like a low quality security video. There are hundreds of examples where people who were awarded death sentence were later found out to be innocent. <br /><br />In a life sentence, one can change the punishment if new evidence shows up to prove the innocence. Once the person is killed, we cannot change the decision. <br /><br />Operation at Abbotabad is carried out by US which continues to use the death sentence. <br /><br />And the modern system of penal code is based on the concept that it is better to let go ten criminals than to punish one innocent. Sujaihttps://www.blogger.com/profile/16539694685428659940noreply@blogger.comtag:blogger.com,1999:blog-21825668.post-66218933788745644812013-02-10T12:32:28.014+05:302013-02-10T12:32:28.014+05:30220 people were executed in USA between 2007 and 2...220 people were executed in USA between 2007 and 2011(source: TOI) , highest among democratic countries. And USA is world's most powerful democracy. Need I say more?riteshhttps://www.blogger.com/profile/04681236005986768471noreply@blogger.comtag:blogger.com,1999:blog-21825668.post-78656820899163302552013-02-10T12:18:27.825+05:302013-02-10T12:18:27.825+05:30"Most countries who abolish capital punishmen..."Most countries who abolish capital punishment believe that no jury, no court decision, no evidence is infallible"<br /><br />Not even in case of Ajmal Kasab, where there is video evidence at CST?<br /><br />"no direct evidence of the agreement amounting to criminal conspiracy. "<br /><br />Is there direct evidence connecting Osama Bin Laden with 9/11 ? Yet operation Abbotabad dealt a severe blow to Al Qaeda. Do you disagree hanging Guru before 2008 may have prevented 26/11?<br />riteshhttps://www.blogger.com/profile/04681236005986768471noreply@blogger.com