Eighty witnesses were examined for the prosecution and ten were examined for defense. The judgment mentions:
"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." There is an appeal to issue clemency to Afzal from various human rights groups including political groups in Kashmir, who believe that Afzal Guru did not receive a fair trial and was subject to a frame up of corrupt and inefficient police work. Human rights activists in various parts of India and the world have demanded reprieve as they believe that the trial was flawed. Arundhati Roy and Praful Bidwai castigated the trial and argued that Afzal has been denied natural justice. Accusations of human rights violations have been made by many.
Former Jammu and Kashmir Chief Minister Ghulam Nabi Azad of the Indian National Congress, Communist and local political groups voiced their support of clemency for Afzal. It is alleged many have done so to appease Muslim voters in India.
Ram Jethmalani holds that it is completely within the President's power to commute the Death sentence and is not a mercy plea. He says, "It’s a misnomer to call it a mercy petition. It leads to total misunderstanding of the constitutional power. The constitutional power is that the President has the power to disagree with the Supreme Court both with its findings of fact and law."
But other are of the view that such a sweeping Constitutional power cannot be given to the President inasmuch as it would subvert the concept of justice enshrined in the Constitution.
The Jammu and Kashmir People's Democratic Party president and MP, Mehbooba Mufti commented that the Centre should pardon Afzal if Pakistan accepted the clemency appeal for Sarabjit Singh.
Ms. Mufti, said that if clemency appeals were made for Sarabjit citing his Indian nationality, voices should also be raised for Afzal for "he too is an Indian citizen. "Two citizens of India cannot be treated with different yardsticks" she had said.
Chief Minister of the Congress-led government in Jammu & Kashmir Ghulam Nabi Azad. He asked the Prime Minister Manmohan Singh to intervene in the case and appeal to the President to pardon Afzal Guru.
However, the All India Anti-Terrorist Front Chairman M.S. Bitta has urged the President of India not to accept any clemency pleas on Afzal's behalf. He warned that his organisation would launch agitations if Afzal was pardoned. He also criticised statements of various political leaders and blamed them for "encouraging activities of militants in Jammu and Kashmir".
An India Today poll in late October showed that 78% of Indians supported the death penalty for Afzal
On 12 November 2006, the former Deputy Prime Minister of India, Mr. Lal Krishna Advani criticized the delay in carrying out the death sentence on Guru for the Parliament terror attack, saying, "I fail to understand the delay. They have increased my security. But what needs to be done immediately is to carry out the court's orders".
The Bharatiya Janata Party (BJP) has severely criticized Arundhati Roy. BJP spokesperson Prakash Javadekar said:
"Those who are supporting Afzal by demanding that he should not be hanged are not only acting against public sentiment in the country but are giving a fillip to terrorist morale,"On the 23nd of June 2010, the Ministry of Home Affairs has recommended the President's office to reject the mercy petition.
Afzal Guru : You are really a lucky chap as after doing such a thing you are still enjoying and alive and moreover various parties and people of India are there to support you and pressurizing Center Govt to pardon you.
Such parties and people are not at all bother about what you and your organization have done.
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