New Delhi: The Delhi government Wednesday once
again sent the file of Parliament attack convict Afzal Guru`s
mercy petition to the Lt Governor after incorporating some
Lt Governor Tejinder Khanna had sent back the file
yesterday seeking more clarification over the remark of the
Delhi Government, which had backed the death sentence for Guru
but with a rider that the law and order implications should be
closely examined while carrying out his execution.
"We have sent back the file after making some minor
clarifications. They (LG`s office) sought some clarification
from our side and we have incorporated those," a top source in
Delhi government said.
He also said "under Article 72 of the Constitution, the
opinion of the state government on mercy petition is not
mandatory and in Delhi, we don`t have even law and order
powers with us."
Meanwhile, he said the city government, in a separate
communication, has already conveyed to the Union Home Ministry
that the file is under "active consideration". This was its
response to the 16th reminder by the Centre on the issue.
The LG`s office had yesterday sent back the file, saying
the comment of Delhi Government on the issue was not very
clear and sought clarification. However, both Delhi government
and LG`s office refused to spell out the nature of the
clarification maintaining that the issue was very sensitive.
The city government had sent the file on Monday to LG`s
office after the 16th reminder from Union Home Ministry
recently seeking its opinion on the matter.
According to officials, the city government has opined
that it does not have any problem with the death sentence
being carried out but law and order implications should be
closely examined while doing so.
Delhi government has been criticised by Opposition
parties for dilly-dallying on the matter for nearly four
years. The capital punishment given to Pakistani terrorist
Ajmal Amir Kasab in the Mumbai attacks case brought the issue
under fresh focus.
Asked about the delay, the source said if an explanation
was sought, the government was ready to give one.
Guru 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.
The death sentence was upheld by Delhi High Court on
October 29, 2003 and his appeal was rejected by the Supreme
Court two years later on August four, 2005.
Following this, Afzal filed a mercy petition with the
President, who forwarded it to Union Home Ministry for its