Friday, August 21, 2015

Why I would not mind, if India hang Yakub Memon


When the court sentenced Yakub Memon to dangling rope, Yakub Memon was not a pious Muslim but probably a surrendered criminal who might or might not have collaborated with Indian agencies. But the fact remains that he was also a collaborator in the heinous bombing of 295 innocent human beings on the streets of Mumbai, in 1993. Before that his family was deeply involved with the crime syndicate of Dawood Ibrahim, that perpetrated the rot on the streets of Mumbai .
In the court of law, it is the gravity of criminal intend that is argued upon, not the repentance. Let us not confuse and question the intend of judgement, since Law of the land under constitution is a procedural out come for defined collective good. Yakum Memon is given 22 years to explore all the legal option available to any citizen in this country and he was represented by the best among the best and costly legal luminaries of this country ( a possibility otherwise not available to millions of people in this country.) If he was collaborating with intelligence agencies, probably it was only a tactical deal to salvage his skin and perhaps not the sign of a reformation as it is now being projected. Like the earlier deal with ISI and Dawood went wrong, this deal also would have gone wrong. So far there is no other account by anyone , at least in public domain to prove it otherwise. So be it. Let him face the consequence of his heinous act that constitution prescribes. Let us understand Allah’s path is not that of vengeance, bombing and mass murder. It is compassion and mercy. When he committed the crime he violated the basic tenets of humanity and Muslim and when he face the consequence of his action he can not be just only a human being and Muslim. He is a collaborator in a heinous crime, now being punished through the best-civilised legal process. Whenever his brothers are caught let them face the legal consequence too. No debate about it.
Of course as a civilised nation, is it appropriate to have a death penalty in our legal system is an important question each one of us has to take a call. My strong belief is, there should not be a death penalty in any civilised society and our sacred constitution should not be reduced to a gruesome murderer. Since there is no study on earth ever established any connection between crime deterrence and death penalty, in twenty first century validity of a judicial process that hangs its own citizen is a shame.
It is also not to say that our judiciary or state is fool proof and guilt free. We have umpteen evidences where rioters, criminals and antisocial climbing the ladders of social acceptance, dignity and authority in connivance with colluding judiciary. But aberrations cannot be an excuse to generalise any crime and legitimise violation of constitutional trust, the basis of democracy.
Like any human being I am sad that one more life is sent to gallows. But so long as the death penalty is not abolished in this country, for the collective social good, where the accused is given best of the best opportunity to defend his position, when the court sentences the accused to a punishment it feels deem legally appropriate, even if it is the death penalty, I would not mind.
if India hang Yakub Memon all I would do is pray for him for mercy in Allah’s court- peace upon him.

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