10-06-2006, 07:19 AM
B Raman: SHOULD MOHD. AFZAL GURU BE EXECUTED?
<!--QuoteBegin-->QUOTE<!--QuoteEBegin-->14. Death penalty can be particularly counter-productive in the case of jihadi terrorist groups, which glorify acts of terrorism as acts of martyrdom. Deaths at the hands of the State---either during an encounter or a terrorist operation or after a trial--- would be projected as acts of martyrdom.
15. There is another aspect, which needs to be considered in any debate on this issue. The security forces are authorised by law to kill a terrorist or a dangerous criminal in exercise of the right of self-defence. They can kill in order to protect themselves or others, if they reasonably conclude that there is no other way of protecting themselves or others. A dilemma arises in respect of executing an arrested and convicted terrorist because he is being executed as a punishment for what he did in the past and not due to a fear of what he may do in the future. So long as he is in custody serving a life imprisonment, he can no longer kill. What is the point in executing him?
15. The time has come for the Government to appoint an eminent persons group to examine in a time-bound manner the efficacy of death penalty as a means of preventing terrorism and other dangerous crime and suggest whether the death penalty should continue to be on our statute book. Till it submits its report and a decision on it is taken by the Government, the execution of all death penalties could be kept in abeyance
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<!--QuoteBegin-->QUOTE<!--QuoteEBegin-->14. Death penalty can be particularly counter-productive in the case of jihadi terrorist groups, which glorify acts of terrorism as acts of martyrdom. Deaths at the hands of the State---either during an encounter or a terrorist operation or after a trial--- would be projected as acts of martyrdom.
15. There is another aspect, which needs to be considered in any debate on this issue. The security forces are authorised by law to kill a terrorist or a dangerous criminal in exercise of the right of self-defence. They can kill in order to protect themselves or others, if they reasonably conclude that there is no other way of protecting themselves or others. A dilemma arises in respect of executing an arrested and convicted terrorist because he is being executed as a punishment for what he did in the past and not due to a fear of what he may do in the future. So long as he is in custody serving a life imprisonment, he can no longer kill. What is the point in executing him?
15. The time has come for the Government to appoint an eminent persons group to examine in a time-bound manner the efficacy of death penalty as a means of preventing terrorism and other dangerous crime and suggest whether the death penalty should continue to be on our statute book. Till it submits its report and a decision on it is taken by the Government, the execution of all death penalties could be kept in abeyance
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