By Lakshmi Chaudhry and Sandip Roy Yesterday’s terrorists are today’s victims – as long as they are Tamil, Sikh or belong some suitably “Indian” category. This is the message sent repeatedly by our politicians, most recently in the case of Balwant Singh Rajoana, who conspired to assasinate former chief minister Beant Singh in 1995. According to media reports, the Shiromani Akali Dal and the Shiromani Gurudwara Prabandhak Committee (SGPC) are hailing him as “
a living Sikh martyr
,” and asking for – nay, demanding – clemency from the Prime Minister. The same SGPC that honoured Indira Gandhi’s assassins as “martyrs to the cause of the Sikh nation,” back in 2008. Charming! But what can you expect in a country where even the killers of a former Prime Minister can evoke sympathy, albeit of the politically calculated kind. Seeking clemency for Rajiv Gandhi’s killers, Murugan, Santhan and Perarivalan,
Karunanidhi shamelessly evoked
the dead man himself: “Had young leader Rajiv Gandhi been alive today, that noble man would have definitely come forward to save the lives of Santhan, Perarivalan and Murugan, responding to the voice of true Tamils and in accordance with the golden saying of Anna, forget and forgive.” [caption id=“attachment_258223” align=“alignleft” width=“380” caption=“Pro-clemency protesters hold a protest at a temple in Srinagar on 28 March , 2012, against the impending of hanging of Beant Singh murder convict Balwant Singh Rajona in Punjab.AFP”]
[/caption] How come no politician is in the mood to forgive and forget the crimes of Afzal Guru or an Ajmal Kasab? Do Tamilian and Sikh terrorists get a “son of the soil” pass that, say, Kashmiris do not? Afzal Guru did not assassinate a PM but the delay in hanging him was pounced upon by the BJP as clear proof of a Congress “soft” on terrorism. “Will we wrap garlands around (militants’) necks?” sneered Nitin Gadkari. Why is Gadkari now silent about the recent antics of BJP’s close ally? Why is Punjab Congress party leader Captain Amarinder Singh adding his voice to this political chorus? “I’m with the government on this decision. I think he should be granted clemency. I also laud the decision of Beant Singh’s family that has come out in support of clemency for Rajoana,”
he told reporters
. All our politicians tough on terrorism – except when their vote bank calculations dictate otherwise. Last year, Karunanidhi was still licking his wounds from his election drubbing and family scandals, and saw the Rajiv killers as a way to put Amma on the spot. But as Amma was quick to point out, he had recommended rejecting the same trio’s mercy plea when he was the CM back in 2000. Oops! Here’s a quick legal lesson for these indignant champions of dubious martyrs. The death penalty is the ultimate power awarded to the state by its citizens– the sole and exclusive power to take a human life. Now many firmly believe that awarding such authority to the state is inhumane and undemocratic. And that’s a debate worth having. But as long as we have the death penalty on the books, the state can not apply the death sentence at will, making exceptions on the basis of caste, community, or religion. Any evidence of bias, in fact, offers sound legal grounds to challenge the death penalty statute – as in the United States, where the death penalty has been suspended on numerous occasions when it was shown to disproportionately penalise African-Americans. Here in India, however, our politicians blithely make naked and unconstitutional appeals based on ethnicity – “true Tamils” – and religion – “Sikh martyr” – that make a mockery of the law. More so in the case of Rajaona who does not show any signs of repentance or reform – which can be grounds for clemency. He remains instead a kattar Khalistani who holds the Indian state, its judicial system and even his Akali Dal supporters in contempt. He’s also attacked Beant Singh’s own family – which has forgiven him –
saying he
“didn’t want to seek any help from them, who are the representatives of killers.” Whether we support the death penalty or not, there is no doubt that the Chandigarh court is exactly right in its ruling. The law remains the same, whether you’re a “living martyr” for Khalistan or Kashmir.