Journal of Law and Criminal Justice

The Curious Case of Hanging Afzal Guru
Payal Lamba, Akansha Seth

Abstract
February 9, 2013 echoes a myriad of voices- those that arose in jubilation over a terrorist’s hanging; those that resounded the final rendering of the proverbial ‘delayed justice’ and the few that arose in the Kashmir valley and found resonance throughout the country, erupting against an apparent fallacy of the criminal justice system. These voices exclaimed that irrespective of the substance, criminal procedure had erred in essence. Whether or not these concerns are valid they go on to strengthen the case against Afzal Guru’s hanging and if they have even a sliver of veracity, the entire criminal justice system and a public with an 'opinion' can do absolutely nothing to make amends because the noose has already tightened itself around the neck of the accused. Neither do the authors attempt to make an argument against the concept of death penalty nor pass a verdict on Afzal's guilt or otherwise. The criminal justice system has been instituted to punish the wrongdoers to guard the interests of the other citizens but being an 'allegedly' accused-centric criminal justice system, the rights and dignity of the accused and the due process of law should be the focal point of any trial and pursuant discourse.

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