Centre, Delhi govt get SC notices on Afzal Guru’s transfer plea

NEW DELHI:The Supreme Court on Friday issued notices to the Centre and Delhi government on the plea of Jaish-e-Mohammed terrorist Afzal Guru, who had been sentenced to death in 2001 Parliament attack case, seeking his transfer to the prison in his home state of Jammu and Kashmir. At present, he has been lodged in Tihar Jail in the Capital.

A bench comprising Justice Aftab Alam and Justice RM Lodha, while entertaining Afzal’s application, inquired about the status of his mercy petition.

Has the petitioner or his family got any intimation from the government on it, asked the court?
Afzal’s lawyer replied that no such intimation has been received. He informed the court that the mercy petition has been pending for the last five years.

Afzal had filed a mercy petition before the President, who forwarded it to the Union home ministry for its comments.

The bench also asked Afzal’s counsel whether he would be agreeable to any prison other than his home state.
His counsel then told the bench that a jail in Pathankot in Punjab would be suitable to the petitioner convict as it is nearer to the state of Jammu and Kashmir.

Afzal in his petition submitted that his family members are living in the state of J&K and it was difficult for them to come to the national capital to meet him in the prison . In his petition, Afzal pleaded that he has a 11-year-old son and his mother is 80 years old. And it is becoming difficult for them to come to Delhi to meet him. He said it is also not possible for his family to bear the cost of their travel from Jammu and Kashmir to Delhi. Accordingly, he urged the court to direct the government to either transfer him to a prison in J&K or bear the cost of his family's travel to Delhi.

The court after hearing Afzal's plea asked his counsel if it is justified to transfer a convict to another jail on such ground.

"Is it justified under the circumstances painted by you?" the bench asked.
Afzal was awarded death sentence by a Delhi court on December 18, 2002 after being convicted of conspiracy to attack Parliament on December 13, 2001, waging war against the country and murder. It was upheld by Delhi High Court on October 29, 2003.

The convict then had challenged it the Supreme Court. The court in Aug 2005, had dismissed Afzal’s appeal.
A sessions court then had fixed the date of his hanging on October 20, 2006 in Tihar Jail. Following this, Afzal filed a mercy petition which is pending.