The Ministry of Home Affairs, GOI, sent Afzal Guru’s file to the President’s secretariat last week, minister of state for home M. Ramachandran said in a statement to the Rajya Sabha on Wednesday, 10th of August.
“The petition of death convict Afzal Guru has since been submitted to the President’s Secretariat July 27,” he is reported to have said.
Some media reports have quoted “Official sources” saying that the government had upheld the advice of Delhi Lieutenant Governor Tejinder Khanna, who has favoured that Afzal Guru be executed.
The home ministry’s recommendations are not binding on the President but are generally accepted.
Since many review petitions are pending with the home ministry and the President’s secretariat, the minister was asked if there was any provision to decide on such cases according to the sequence of its submission.
Ramachandran said: “There is no constitutional provision. It was an administrative decision to ensure fair and urgent treatment of all cases.”
Afzal Guru was convicted in the December 13, 2001 attack on Parliament of India. He was sentenced to death in 2002. The Delhi high court confirmed the death penalty in 2003.
The sentence was scheduled to be carried out Oct 20, 2006 after the Supreme Court upheld it in 2004.
But the execution was stayed following a petition filed by his wife. He remains on death row.
The Bharatiya Janata Party (BJP) has been demanding the execution of Afzal Guru.