Executions happen rarely in India but one such rarity is set to occur on July 30 and in a painful twist of fate the convict to be hanged in question — Yakub Memon — will be executed on his birthday.
Yakub Memon will be the first person to be executed for his said involvement in the 1993 serial bomb blasts in Mumbai (then Bombay) in which at least 257 people were killed and over 700 were injured.
Memon lost his very last legal battle on July 21 when the Supreme Court rejected his petition, paving the ground for his execution in Maharashtra’s Nagpur central jail.
Whatever the legal case against him, the fact remains that he has been in jail for last 21 years since his arrest in July 1994, an event that itself is shrouded in mystery as Memon’s sympathizers say that he had “surrendered” and turned himself in to Indian authorities in Katmandu, the capital city of Nepal.
However, it is indeed a fact that he had been in jail for 21 years and in solitary confinement during much of this period.
Several questions arise: Why this unseemly haste in executing him when he has already spent such a long period in captivity? A related but important question pertains to the very fundamental principle of jurisprudence: Whether one should kill the crime or the criminal?
Another question is that India was among the top 10 countries to award death penalties in the year 2014 but no one was executed; so does it indicate a pick and choose policy?
Amnesty International has recorded 64 death penalties awarded by India in 2014, though none was executed. In fact, if Memon’s execution does take place on July 30, it would be the third execution that India will be having in last eight years after Ajmal Kasab in November 2008 for his role in 2008 Mumbai terror attacks and Afzal Guru in February 2013 for his role in the terror attack on Indian Parliament in 2001. Incidentally, all three are Muslims.
Amnesty International said the rejection of Memon’s appeal was a “disappointing and regressive step.” The NGO’s research manager Divya Iyer has been quoted as saying, “Serious questions have also been raised regarding Yakub Memon’s execution and whether it is guided by political motivations … Lawmakers in India often find it convenient to hold up capital punishment as a symbol of their resolve to tackle crime, and choose to ignore more difficult and effective solutions like improving investigations, prosecutions and care for victims’ families.”
India has by and large ignored the nebulous circumstances leading to his arrest and gone by the government’s contention that he was “arrested” from Katmandu and not “surrendered” to put his record straight and clear his name from the 1993 bomb blasts charge.
Indian reactions show that clearly. Eminent criminal lawyer Ram Jethmalani described the Supreme Court verdict as a “welcome step,” while Special TADA (Terrorist and Disruptive Activities Prevention) court Judge PD Kode, who conducted the trial, termed it as “a solace” after 22 years and a victory for those who believe in the rule of the law.
The judge who convicted 100 accused and awarded death sentence to 12 of them went on record saying, “I have vivid memories of the trial which lasted for more than a decade. During the trial, several political parties came to power in the state. Every political party has its own ideology but all of them were unanimous in holding that they were opposed to terrorism and would act with a firm hand against people doing such acts.”
Ramdas Kadam, leader of the extreme right Shiv Sena, welcomed the apex court order and said: “Prime Minister Narendra Modi has given a message that those who indulge in terror acts against India will be hanged. I welcome this message and I thank the prime minister.”
Since executions in India are such a rarity it is obvious that they acquire a certain degree of symbolism. Much of this symbolism flows from patriotism and there is nothing wrong with that.
However, this execution may well throw open a can of worms politically considering that no such haste has been shown in hanging the killers of former Prime Minister Rajiv Gandhi since past 24 years.
There is likely security fallout for India though in the wake of Memon’s execution. India has been rather blessed in not having big ticket terror attacks on its soil for long. This may change once Memon, a chartered accountant by profession, is executed.
Terror outfits may be planning retribution attacks already. India’s internal intelligence agency Intelligence Bureau (IB) has already sounded an alert to this effect. Next couple of weeks would be crucial for the Indian security managers.
