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"It is not our duty. It is for the executive to decide how to consider the matter. We cannot pass such direction," a three judge Bench headed by Chief Justice K G Balakrishanan said.
"This court cannot give such directions. We already passed the final order. You go to the executive," the Bench told the petitioner, NGO Lashkar-e-Hind.
The court's remark's came while dismissing a PIL seeking direction to the Centre not to delay the hanging of Afzal, a Jaish-e-Mohammad activist, whose death sentence was upheld by the apex court on August 4, 2005.
Afzal's conviction and death sentence by the trial court was upheld by both the Delhi High Court and the Supreme Court which had dismissed his review and curative petition, the last legal remedy available to a convict.
While two of the three other accused were acquitted, Shaukat Hussain Guru, Afzal's associate, was sentenced to 10 years imprisonment for not informing the police about the conspiracy to attack Parliament.
The petition pointed out the Centre cannot sit on the mercy petition indefinitely. "There is no laid down procedure which the President and the council of ministers must follow while dealing with mercy petitions which means empowering the government with unfettered authority which is undesirable," counsel appearing for the petitioner contended.
The Counsel submitted that he had approached the President but had received no response. The Bench, also comprising Justices R V Ravindran and Markandey Katju, however, dismissed his contention.
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RatingAfzal Guru, Congress candidate for next PM. Congress will sweep elctions with Afzal Guru as PM candidate. India will prosper under Guru-Sonia leadership. A vote for Sonia Congress, a vote for Afzal Guru. Decide citizens, what you want.
The Honourable Judges Of Supreme court express their inability to interfere in the matter and said it is in the hands of executive.This is really unfortunate.First of all our judiciary is so slow and having given the verdict it is also mandatory for Judges to at least insist that whatever decision they have announced should be carried out as early as possible.The President sitting on the matter for such a long time and that to for a terrorist just because he happens to be muslim defies commonsense ,But logic seems to be clear that UPA Govt doesnot want to displease their vote bank.The President is helping them openly for their unjust cause.President should rise above this dirty politics and give a nod to go ahead with the verdict.Otherwise she becomes a laughing stock for the whole nation.I want to ask one question to President .She would have acted in same way if a terrorist happens to be from other community like hindu,sikh, or christen ?By delaying justice we have suffered once during highjacking of Indian Airlines plane to Khandahar by releasing terrorist and we are still suffering from that mistake.
The president is waiting for the nod from sonia /PM .SC is in no position to tell the president to expedite the matter.Sonia/PM will not tell the President directly.This is an indirect way of telling SC to keep quiet.
It is unfortunate that the SC cannot instruct the President to decide. While that is the case, it is anybody's guess, how and when The President will act. Such delays only prove detrimental to the nation. The President has to decide one way or the other. The nation cannot wait for the decision from The President, for too long. No mercy should be shown to a terrorist lest this would send a strong signal of helplessness on the part of the government, to other terrorists.
The helplessness shown by the Hon'ble Supreme Court is really unfortunate.The secularist politicians,practicing the policy of appeasement of the Muslims, for petty political gains, is playing havoc with the security of the nation and Hon'ble Supreme Court is helpless.This spells doom for the nation.There should be zero tolerance for the anti-national elements and there should be no mercy either for the Islamic Jihadis or for the Maoists.
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