NEW DELHI, Feb 11: Two days after he was hanged in a Delhi jail amid controversial haste and secrecy, Kashmiri fruit vendor Afzal Guru’s family received the official letter in Srinagar on Monday informing them of the sudden decision to execute him. The secrecy with which he was killed denied Guru, convicted for plotting the botched 2001 attack on Indian parliament, a legitimate chance to seek a judicial review of President Pranab Mukherjee’s decision to not grant his prayer for mercy.

Indian Home Minister Sushil Kumar Shinde more or less confirmed this on Monday. He said that Guru was executed ahead of other death row inmates, including Rajiv Gandhi’s assassins convicted way before him, as they had delayed their hangings by seeking a judicial review of the presidential decision against granting them mercy.

Guru was evidently denied the mandatory option to appeal against the president’s decision.

On Monday, Mr Shinde, however, said the government might consider the family’s request to visit Guru’s grave in Tihar jail.

The family of the executed man has written to authorities in Delhi’s Tihar jail, asking that they be allowed to exercise their right to visit his burial site. In a letter addressed to Tihar chief Vimla Mehra, lawyers for the family have said: “We do not wish to make this a political issue in an atmosphere which is already volatile. But family members, as citizens of India, have rights, which must be respected.”

On Monday evening, Mr Shinde told a press conference in Delhi, “If they (Guru’s family) want to go (to the grave), it can be considered.”

The family had earlier demanded the return of Guru’s body to them. In a letter written to the deputy commissioner, Baramulla, hours after Guru was hanged, the convict’s wife, son and brother had said: “Please convey our appeal and heartfelt request to the Tihar jail authorities to return the body... to carry out his last rites. ...Every human being has his birthright to go through his religion and faith for his disposal...”.

A copy of the letter was sent to Jammu and Kashmir Chief Minister Omar Abdullah.

Mr Shinde said on Monday that the family had been informed of the decision to execute Guru “as per the rules”. In that case, the letter delivered on Monday could be the evidence of that rule.

On the veil of secrecy over the execution, Mr Shinde said: “Police investigations and intelligence operations cannot be done in the open. If that is done, the country will not run.”

Asked about the allegedly ‘selective’ execution and the alleged ‘political’ motives behind it, the minister said: “In the cases of (the assassins of) Rajiv Gandhi and (Punjab) Chief Minister (Beant) Singh, the cases are still pending in Supreme Court. After rejection (of the mercy petitions) cases were filed in the Madras High Court and Supreme Court. These cases are still under consideration before the judiciary. Hence it (Afzal’s case) is different from these cases.”

“...The files were sent to the states concerned. There they (the convicts) went for appeal,” Mr Shinde said. “Afzal’s execution was not a political decision but done according to rules.”

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