LETTERS FROM MAWLEY...

As promised, I have here, a mail that my father sent me today, 20th feb, 2009.

Sub: The perfect alibi.-for non-performance

Our External Affairs Minister Pranab Mukherji is never tired of asking Pakistan to hand over the terror –fugitives. Well, the most pertinent question in this context is, what will you do with them? For what the cognoscenti of the country know, they will be kept in fortified bungalows, with star-style living facilities; Crores of rupees will be spent endlessly, for their upkeep-with special hospitalization for their further rest and recuperation, from time to time; Lawyers from both the countries and elsewhere, would make a big kill…the cases would be heard and re-heard by different judges, who will keep retiring, yielding place to the new ones, who will hear and re-hear the cases.
.ad nauseam…Meantime, 20-25 years would roll by; the “accused fugitives” would celebrate their sons’/daughters’ weddings, in royal style; all the political bigwigs and the Bollywood celebrities would attend the grand party-never missing the attendant photo-ops.. the media will get sufficient material to cover such “ important” functions , for a few issues, each time;

You think, I am being too pessimistic? In the parliament attack case, ( 2001 ) our Supreme Court handed down the final judgment, convicting Afzal Guru, with death sentence; what are we doing about this ?Our Home Minister says ( the Hindu dt 1st. Jan.2009) “ the Home Ministry was examining the case “ ( sic ) What is there to examine? How long will you keep ‘examining’ the case? Then, how did the Govt. present the case in the various courts and finally in the Supreme Court? And, on what basis the Supreme Court passed the final verdict?

This is only an illustrative case; many such convicts similarly “sentenced” ( e.g.) in the Rajiv Gandhi assassination case , the fellow who killed and then roasted his wife’s corpse in the Tandoori oven ) are enjoying themselves enviable govt. hospitality…( some of them may even be at large, leaving their proxy in the lock-up..! don’t be surprised at all … money can buy anything … )

While courts hand down their final judgment, courts also mention some time limit for appeal; does it not mean that once the time for appeal expires, the sentence must be executed? Is there no time limit for execution of sentences passed by the courts? To a simple mind, it appears, non-execution of court sentences after the lapse of whatever period, must by itself constitute a “Contempt of court”..

Is it good law that permits a ‘convict’ to simply present a petition to the President/Governor and thereby naively convert the Death sentence into a life-sentence?

The point that I want to emphasize is that in this country ( my dear Motherland ) the police, judicial and administrative machinery have completely de-railed…and I see no light at end of the tunnel…Very sad indeed…

Yours truly,
Mawley.