The writer is editor of the newspaper Rising Kashmir and is based in Srinagar
Not only do the majority of Kashmiris believe that Guru was denied a fair trial but a significant section in the Indian media and civil society also are discussing the case along similar lines. Kashmir is already a battered region that has seen the worst levels of violence. The armed conflict has reinforced the Kashmiris’ resolve to fight for political rights and for the transition of this movement, which in the past few years has taken a different colour, from violence to non-violence. But what makes a common Kashmiri angry is the treatment both India and Pakistan have been delivering to them. Today, political alienation is at its peak and with the hanging of Guru, this has found strength. It has hurt the psyche of the Kashmiri youth and is sure to have long-lasting implications on the political discourse of Kashmir. Not only are the separatists talking about this renewed impact of alienation but the pro-India parties, too, have fears that it has the potential to take Kashmir back to square one. Chief Minister Omar Abdullah could not mince words and told a news channel that the situation had all the ingredients of causing worry. “The long-term implications of Afzal Guru’s execution are worrying as they are linked to the people of Kashmir, especially the younger generation. Like it or not, the execution has reinforced the point that there is no justice. We will have to deal with how we can change that sort of alienation,” he said. The opposition People’s Democratic Party chief, Mehbooba Mufti, too, was critical of the way New Delhi hurried in processing the execution of Guru.
Guru’s hanging has reminded people of the execution of Jammu and Kashmir Liberation Front (JKLF) founder Maqbool Butt, following which Kashmiri youth took up arms against Indian rule in 1989. Even Abdullah said that the younger generation may not have identified itself with Butt but it will surely do so with Guru now. There is, however, a disagreement on whether Guru’s death could push the younger generation towards arms. That is a remote possibility since violence is seen as a source of isolating oneself at the international level. Secondly, Pakistan is not in a position to play as strong a role as it did in 1989. But the execution surely has further pushed the youth — who see ‘double standards’ on the part of the Indian government when it comes to Kashmir — to the wall.
As of now, Kashmir does not show an indication of immediate normality but the demand for the return of Guru’s body is getting stronger. The way his family was not allowed to have a last meeting has become a central point of discussion. Though the government of India allowed the family to offer prayers at the grave, they rejected the offer, saying,“nothing less than the body”. India’s reputed business daily Economic Times reported that Prime Minister Manmohan Singh was upset that Guru’s family was not informed well in time. The following days will be keenly watched in Kashmir and the discontent on the ground will define the future.
Published in The Express Tribune, February 15th, 2013.
COMMENTS (39)
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@Lala Gee:
Various links & excerpts you have provided, & most already known, try to indicate, after he was hanged, that the accused did not get a fair trial. Keeping that aside, would the editors/columnists/signatories have considered it fair trial if he was never hanged, but never released? There are two overlapping issues: one is trial leading to a particular sentence & other is execution of that sentence despite possible availability of relief thru Presidential pardon. If I may think aloud: While not informing the family reasonably in advance does appear uncivilised & sinister, more questions arise. If trial was not fair why did they not put up at least some of these arguments at trial court,high court and then supreme court itself. Or, at least vociferously & persistently in public domain, which is their strength, & faced the consequences of discussing sub judice matters. They had more than a decade of time at their disposal. After all, Indian media did protest on behalf of Iftekar Gilani a fellow-journalist (who also writes for The Nation & Friday Times of Pak) but hardly said a word favouring Afzal, as far as I recall. May be they had no confidence in the man's innocence. Secondly, if the man was not hanged he would have been kept in jail for the remainder of his natural life, with no remission or parole irrespective of his behaviour. (Jethamalani, a leading light of BJP, who is also a sr.advocate of SC, believes in that since he feels hanging by a professional hangman to be too swift/soft a punishment as compared to miseries of long jail life). Would Afzal's being punished thus for life, supposedly for no crime, have been acceptable to Deccan Herald, The Hindu, Roy & others? Or, are they just making pro forma noises, now? Whichever way I look at it, the whole episode appears to be very very nasty where all are losers..
@romm: Rulers have no right! Once thrown off or defeated they may become subject or worse ... . Indian rules their country and we assure you that Indians will rule India forever ...
@romn
You think you had and/or have a right to rule over hindus, but I ask you who gave you that right. You think a minority has a right to rule over majority. The people who ruled were outsiders and they ruled you as well. For you to say that you ruled hindus is as loughable as an indian chirstian having hindu ancestory claiming that he ruled india for 200 years of British rule.
@Shiv We got our right back because we were rulers and Hindus were the subjects. That's why their centuries old complex comes out in the shape of comments Indians come out with.
@Sudheer: I don't see anything wrong in the Muslims asking for their own country. Nevertheless, after having got what they wanted, there was no reason for them to stay back. The Muslims won it both ways; they threw out the Hindu and Sikh minority out of the country they got and shamelessly demand their religious rights in India!
In a Letter to the President of India, titled 'We Believe That You Made A Grave Error In Rejecting The Mercy Petition', singed by 200 prominent Indian academics, lawyers, writers, and filmmakers protested the execution of Afzal Guru. In their letter they pointed out:
"It is also a fact that the much-hyped investigation of the Parliament attack case and its prosecution resulted in two full acquittals and conviction of another for concealing knowledge of the crime. It was almost as if there was a need to at least ensure one death sentence so that the faith of the public / society in the efficacy of the prosecution and the judiciary and the Legislature which represented the ‘State” would not be shaken. Surely this was not a case where even the government of the day was convinced of the guilt of Afzal; but treated it like a case that was far too important for all accused to be acquitted. We must remind you sir that the Supreme Court threw out the confessions of both Afzal and Shaukat which obviously indicated that the investigation had been far from fair."
"As in life, Afzal Guru was denied his legal rights in his death. Sir, every convict whose mercy petition has been rejected by the President, is entitled yet to a last resort. The convict has the constitutional right to file a judicial review or a delay petition, in the High Court and the Supreme Court, to seek commutation of the death sentence.".
"In fact, Afzal Guru was cynically, callously and calculatedly denied access to judicial remedy that was due to him. His family was not informed, not only because our state has become unrecognizably cruel—which it has, but also because it did not want Afzal Guru to exercise his legal rights and possibly avert the execution."
In her article, "A perfect day for democracy", published on 10th February in 'The Hindu' newspaper, Arundhati Roy writes:
"Contrary to the lies that have been put about by some senior journalists who would have known better, Afzal Guru was not one of “the terrorists who stormed Parliament House on December 13th 2001” nor was he among those who “opened fire on security personnel, apparently killing three of the six who died.” (That was the BJP Rajya Sabha MP, Chandan Mitra, in The Pioneer, October 7th 2006)."
"The trial in the fast-track court began in May 2002. The world was still convulsed by post 9/11 frenzy. The US government was gloating prematurely over its ‘victory’ in Afghanistan. The Gujarat pogrom was ongoing. And in the Parliament Attack case, the Law was indeed taking its own course. At the most crucial stage of a criminal case, when evidence is presented, when witnesses are cross-examined, when the foundations of the argument are laid — in the High Court and the Supreme Court you can only argue points of law, you cannot introduce new evidence — Afzal Guru, locked in a high security solitary cell, had no lawyer. The court-appointed junior lawyer did not visit his client even once in jail, he did not summon any witnesses in Afzal’s defence and did not cross examine the prosecution witnesses. The judge expressed his inability to do anything about the situation."
This is what the editor of the 'Deccan Herald' wrote in his editorial, "Political execution", dated 10th February.
"The charge against him was that he conspired for and facilitated the attack on Parliament. Others who faced the same charges in the case were let off or awarded much less punishment. He did not get a fair trial, as there was no proper legal defence for him in the court. There were loopholes in the evidence against him, which in ordinary course would have entitled him to the benefit of doubt. The Supreme Court even put it on record that the evidence was only circumstantial. But there was agreement from the lowest to the highest court that he was guilty and deserved to be hanged. The government also ensured that he did not get a chance to challenge the rejection of his mercy petition to the President. It is reasonable to presume that there was politics at play and electoral considerations had a role in sending Azfal Guru to his death. If that is true, that would be cynicism of the worst kind."
"Even where a person has killed another, or many others, in any circumstance or for any reason, there is no justification for taking his life. The provision for capital punishment is based on a primitive idea of retribution and should have no place in the statutes of a civilised society. Afzal Guru did not kill, and there is no absolute certainty about his role in the events that he is said to have been involved in. Then why did he have to be executed? The question will haunt the nation’s conscience in the days and years to come."
In the opening paragraph of his editorial, "Vengeance isn’t justice" on 10th February, the editor of 'The Hindu' newspaper said:
"Eight years ago, the Supreme Court condemned Muhammad Afzal Guru to be hanged for his role in the 2001 attack on Parliament House, saying, astonishingly, that “the collective conscience of the society will only be satisfied if the capital punishment is awarded to the offender.” Guru was walked to the gallows Saturday morning at the end of the macabre rite governments enact from time to time to propitiate that most angry of gods, a vengeful public. Through this grim, secret ceremony, however, India has been gravely diminished. Through this grim, secret ceremony, however, India has been gravely diminished. The reasons for this are not just the obvious ones — among them, that Guru was a bit-actor in the attack on Parliament, and his trial marred by procedural and substantive errors. These arguments were examined by the highest court in the country and found wanting. There is one argument, though, that wasn't ever examined — which is precisely why Guru, like scores of other Indians, ended up on death row in the first place. The answer has a great deal to do with expedience, and nothing to do with justice. "
(Moderator please allow all the next four comments as well, as those are all the continuation of this comment. Please note that it took me whole day to gather this information, so please allow it.).
A few days back, in response to the Indian trolls claim of "fair legal process" accorded to Shaheed Afzal Guru, I wrote a comprehensive comment exposing the partiality of the Indian justice system using online references from 'Human Rights Watch' reports and the Tehelka's investigative report "Legal Subversion". And another commentator replied with something of the effect "You simply impressed me with your argument, but let me assure you, that these trolls wouldn't accept even a universal truth if it goes against their 'Hindutva' ideology". Now I see these trolls doing the same thing using lies, deception, and facts twisting. Again to expose their lies and deception, I am going to post excerpts, with online links, of the following (spread in next 4 comments),
1- The editorial of 'The Hindu' - "Vengeance isn’t justice" 2- The editorial of the 'Deccan Herald' - "Political execution" 3- "A perfect day for democracy" by Arundhati Roy published in 'The Hindu' 4- A Letter to the President of India written by 200 prominent Indian academics, lawyers, writers, and filmmakers.
@gp65 Well, technically that is true and thanks for pointing out. But, Indian Muslims cannot escape the responsibility, if not blame, for creating Pakistan. Maulana Abul Kalam and his Muslim supporters were surely in minority. I am not blaming today's Indian Muslims for the events that took place over six decades ago. I was trying make miss Humaira understand that the problems of Kashmiri Muslims shouldn't be seen in isolation, millions of other Muslims too live India and their lives cannot remain untouched from the events in Kashmir.
@Sudheer: "As for the self-determination, it was already done during the final years of British rule in India, ie., in the mid forties, where majority of Indian Muslims voted for the creation of Pakistan, but, once it became a reality, a huge majority of them decided to stay back in India!"
I usually agree with you but wanted to point out that the Muslims in India never got to vote on the issue. The vote was conducted only in the Muslim majority areas.
ET : pls allow response - he has specifically written to me. @Rakib:
I never said BJP considers Congress a mentor but wwas simply arguing that the notion that poor Congres was forced to do this due to BJP has no merit either. I think both are trying to placate the masses who are angry with poor law and order including terrorism. I think politicians bowing to will of people is a good thing not bad. It may go overboard in one direction , it will spring back in the other direction and stabilise in the center. This is the genius of democracy.
Like you,, I do not support death penalty but unlike you I do not subscribe to the concept of the 'geat unwashed' who desrve to be ignored. You have not explictly said that you subscribe to this concept but that is the conclusion I derive when you equate carrying out SC sentence with being anti-India merely because it is popular.
It is true that it is not necessary to award the maximum permissible punishment. But that is the judge's decision at time of sentencing. If BJP asked for SC decision to be implemented, it can hardly be described as baying for blood.
I do not think that Afzal Guru was BJP's only plank. I am not sure where you came up with that. Their key planks are UPA corruption amd a promise of good governance based on record of NDA governments in the state.
I am curious to know what your views are regarding the people who died defending the parliament? They too are as dead as Afzal without actually being given any court trial or appeal or even being accused of any crime. What about their families? Do spare some thoughts for the victims also instead of just worrying about the rights of convicted terrorists and their families.
@abhi: "@gp5 I think you r confused with name Geelani. The acquitted one is not from Huriyat conference, he is from jamiya milia islamiya university."
Thanks for bringing it to my attention. Clearly I was confusing the 2 people.
@Humaira “So you want to seize the state, deprive them of right of determination, force them to live with rest of India, …just to remind you that’s not how the republic India was created !” We know how the republic of India was created and also know how terrible the birth of Pakistan was and still is! Nobody is forcing Kashmiris to live with India, they are free to migrate to Pakistan. As for the self-determination, it was already done during the final years of British rule in India, ie., in the mid forties, where majority of Indian Muslims voted for the creation of Pakistan, but, once it became a reality, a huge majority of them decided to stay back in India! Therefore, if you want Kashmir, make way for migration of 140 million Indian Muslims to Pakistan. If you can't do this, then, just shut up!
@Rashid: to Arijit Sharma "Even when the topic is about justice or lack of it, about prudence or belligerence and about life and death, the lala can’t take his mind off moolah. " Arijit's comment went completely over your head, didn't it?
Kashmir is in this place due to mistakes by both India,Kashmir and Pakistan.One thing is true one kashmiri(Afzal Guru) died by millions are living in Kashmir. Glass is not empty but filled full.Your have got Omar Abdullah, Mehbuba Mufti, Yasin Malik, they are all alive.India has not persecuted them.
Guru and great Baghat singh are synonymous.
@gp65: In fact Congress cabinet accepted that recommendation. If death penalty is acceptable for a gang rape then why does BJP demanding it for a man who had sought to bomb the parliament considered baying for blood? (and a few other points)
Since when BJP took Congress as its ideological mentor? Afzal was a living reminder of GoI's incompetency in protecting the symbol of Indian democracy. He had to be obliterated. Let them now pursue their passions, who cares for Kashmir or India, Party comes first.. Let BJP champion the right of the terrorist to get hanged & let Congress espouse the cause of rapists to get effaced. Congress lost its moral moorings long back. It hanged Afzal to pull the rug from under BJP. And BJP made Afzal's need to walk the plank its main plank. Such are the gory chaps. Their Party gained, not the Nation. All will one day be competing on public platforms trumpeting to prove who can be tougher even with suspected terrorists (rather than preventing the act) & who can be cruder in dealing with families of the hanged ones. (2) I had mentioned in earlier conversation that both Kasab & Afzal shouldn't have been killed. Some deliberation is needed before placing crimes of Kasab, Afzal, killers of Rajiv & Beant, Veerappan gang-men, rioters & rapists on same footing.(3) Better or worse examples are subjective opinions on which I can't argue. I can only say that I am against death penalty, as you are, as many are..But, in my view there should be no exceptions & it is not mandatory to comply with maximum punishment just because it is provided in a law.. One among many reasons is there is no universally acceptable method to define "rarest of rare"; and that vague phrase itself is creation of a judge. I do not believe that SC, Cabinet & President, all three important constitutional entities are so helpless that they have no choice, absolutely no choice, except to, firstly, impose death penalty (by Courts) and then secondly, scrupulously carry it out (by executive) & without remission (by Prez) come what may, simply because it is on statute book that was originally written in 1800s as per commandment of Lord Macaulay: Tazirat-e-Hind Dafa Teen Sau Do ke Taht, Saza-e-Maut!
@gp5 I think you r confused with name Geelani. The acquitted one is not from Huriyat conference, he is from jamiya milia islamiya university.
@Rakib Now you see that MMS and congress are just fooling everyone. It is not just this case, they have done it everywhere. They don't have conviction for anything, the only aim is to remain in power.
So you want to seize the state, deprive them of right of determination, force them to live with rest of India, ...just to remind you that's not how the republic India was created ! @BlackJack:
@Arijit Sharma
'Secondly, Pakistan is not in a position to play as strong a role as it did in 1989. What is the latest exchange rate?'
Even when the topic is about justice or lack of it, about prudence or belligerence and about life and death, the lala can't take his mind off moolah.
Why is Pak so interested in India's prisoners or culprits.
@Rakib: Forget Afzal Guru case. When people were demanding death penalty for gang rapes where victim dies or becomes a vegetable, did MMS or any Congressman say that death penalty is cruel and we should consider eliminating it- not add to the list of crimes where it is applicable. It was't BJP making that demand was it? In fact Congress cabinet accepted that recommendation.
If death penalty is acceptable for a gang rape then why does BJP demanding it for a man who had sought to bomb the parliament considered baying for blood? Are terrorists the only people whose rights you care about not the victims? What about the guards who died trying to protect the parliament, you have no thoughts for them or their families?
I don't support death penalty being on the statute but if it is there- there can be no better example of rarest of rare. If Congress government can accept modifying a rape law to include death punishment, then there was nothing about this case that should trouble their conscience.
Pretending to feel bad is trying to have the cake and eat it too. Doesn't work. If hanging Kasab was Ok there is no reason to spare Guru for his crime was no less.
There seem to be an atmosphere of denial by Kashmiris in the valley regarding Afzal Guru's deep involvement in terrorist attack on Indian parliament. Mr Guru himself appeared on Aaj Tak TV and gave details of his involvement which is available on the You Tube. The Supreme Court judgement which is also available on public domain in the internet. It gives detailed explanation of findings and the analysis as to how the conclusion were arrived . The Supreme Court also at the same time did not accept prosecution case in toto and discharged few of the accused showing that the learned court exercised independent judgement. Crime committed by Afzal Guru and his accomplices was against a pillar of state institution and not against any single individual .It deserved strict punitive punishment to dissuade others with the same ideas Most of the educated Indians know that human rights abuses have occurred in Kashmir Valley and are against it. But they have no sympathy with religious zealots who are using the chaos to advance their aim of imposing a Islamist government and indulge in ethnic cleansing of religious minorities .
@a_writer: "All those in Kashmir and in rest of India who feel that the government is tormenting them because of their religion or ethnicity, should seriously consider applying for political asylum in countries such as Pakistan, Afghanistan or China. Hopefully, they will have a much brighter, fairer and happier future once they emigrate from India."
You forgot Saudi Arabia.
(1) Not only do the majority of Kashmiris believe that Guru was denied a fair trial but a significant section in the Indian media and civil society also are discussing the case along similar lines. (2)Prime Minister Manmohan Singh was upset that Guru’s family was not informed well in time. (Author)
(1) The Jallad who hanged Afzal was more professional, therefore kind, compared to the media. Where was this "significant section of the Indian media & civil society" during pendency of the trial? Why did they not speak up if the on going trial was unfair? Why cast aspersions only now? Hindutva Right kept demanding death & liberals hid under plea of matter being sub judice. Rest were too scared & understandably so since even a SC lawyer like Prashant Bhushan was beaten up in a well orchestrated attack for merely suggesting a different solution to Kashmir issue. (2) MM Singh always gets upset post facto. That makes him one of the millions who become wise only after the event.What was he doing when his minister Shinde's shindig was on? For some Indians the phase of downswing after the hit has begun. May be, post coitum omne animalium triste est(all animals suffer from post-coital blues) now that denouement is over, now that "collective conscience" has climaxed.(3) BJP & TV anchors were baying for blood like hydrophobic hounds. And for cynical Congress hanging was a political master stroke. Why now melancholy, second thoughts & doubts? They serve no real purpose except to leave behind the conscience, of men like MMSingh, in trouble, which in turn will seek salve of self-serving justifications.
@Avinash: You don't know about the trial but somehow think it was unfair because it was cicumstantial evidence. Are you aware that Supreme court acquitted 3 other people in the same trial including Geelani who is the leader of insurgency? If it was an unfair trial do you think that would have happened?
Secondly, do you know that this man was trined in terrorism in Pakistan and led a team of 300, then he surrendered to the government in 1998 who forgave his crime and allowed him a chance to start over? He repaid that by helping JeM people to try to bomb the parliament. Can you imagine what would have happened if they had succeeded? He got a fair trial which he was antitled to. He was asked if he wanted to meet anyone and he said No. All his rights were granted to him. His family does not have any rights about meeting. Also do you know what US did with OBL? At least Afzal was buried properly. Finally do you know what Pakistan did to the soldiers who fought in Kargill? Did not even accept the dead bodies of the soldiers. And these pro-Pakistan people are comparing how Pakistan treats its insurgents with india? There is no comparison.
Contrary to the wishful thinking of the writer and the fantasies of many Pakistanis that Kashmir will continue to smolder, the situation is fast returning to normal -- as normal as can be given Pakistan's intent to keep things boiling. Yes, of course, there is a lot of resentment about Guru's hanging, not just in Kashmir but also in rest of India. This is something the Islamic Republic of Pakistan, with its love of hatred, bigotry, and death, can never get its head around. Many, many people in India are protesting Guru's death penalty, not because he's Kashmiri or Muslim or on any political grounds, but simply because they are against capital punishment. It is a barabric, uncivilized form of revenge fit for the medieval age. Modern, liberal India shouldn't go down that route. In that sense, Guru's hanging was regrettable.
There are people live in Jammu, Leh, Ladhak; what they think should also be included in these kind of discusions
@Avinash
Circumstantial Evidence is acepted as adequate in proving conspiracy, you are unlikely to find eye witnesses to conspiracy - unless they become witnesses for the prsecution, they run the risk of being prosecuted as co-conspirators. Narayan Apte, a colleague of Nathuram Godse was convicted of conspiracy and similarly sentenced for the assassination of Mahatma Gandhi. It was on the basis of circumstantial evidence. The reports I have read about this case seem to be convincing enough - the Supreme Court noted that several telephone calls were made to the convict from cell phones found on the bodies of the attackers of the parliament - those calls had been made just before and during the attack. The convict also was identified as the person who bought the car laden with explosives that took the attackers to the parliament. He arranged for their stay, and bought some of the material that created the explosives placed in the car. You may refute one or two, but all of these taken together would suggest culpability, no?
@Sanity: " ... Probably, this unfair trial and punishment to Guru is an endeavour by the Congress seek political mileage among hardliner Hindus by proving its ruthlessness against Muslims. ... "
As usual, the Congress misread what "Hindu hardliners" want. "Hindu hardliners" do not want human sacrifice - the want is good governance, rule of law, no corruption, etc. Unfortunately, these concepts are mostly alien to the Congress Party.
There is enough blame to go around for the state of affairs in Kashmir. The Indian Govt. has been trying to put down, ruthlessly, terrorism for some time now. This has caused suffering for the innocent people caught in between - no question about it. The other side of the coin is - Kashmiris somehow have the mindset that they are 'Special' and the rules that govern the rest of India doesn't apply to them.
A convicted terrorist was put to death after due course of law-end of story.
If the crime and the punishment did not have a 'Kashmir' name tag attached to it, it would have hardly caused a ripple in Kashmir or elsewhere in India, regardless of the religious affiliation of the dead. There are many in India and in other parts of the world where citizens feel that they are not getting a fair shake. No Govt., democratic or otherwise can please all its citizens all the time. So, Kashmir - suck it up and learn to live with it.
All those in Kashmir and in rest of India who feel that the government is tormenting them because of their religion or ethnicity, should seriously consider applying for political asylum in countries such as Pakistan, Afghanistan or China. Hopefully, they will have a much brighter, fairer and happier future once they emigrate from India.
" The opposition People’s Democratic Party chief, Mehbooba Mufti, too, was critical of the way New Delhi hurried in processing the execution of Guru. "
HE was convicted in 2006. His appeal was denied in Supreme court in 2010. He was hanged in 2013. Does that sound like hurry?
Only India can be held hostage by terrorists even after they are dead. We need to get rid of Article 370 - let the Kashmiris learn to live with the rest of India, given that all the special provisions in place exclusively for them are still ignored and we are accused of double standards.
Indeed this insane, unjust and even inhuman act by the proponents of democratic norms has all the potential to cause alienation and trigger an upsurge in the Kashmiri youth. And this time, Indian government will perhaps not be able to throw blame to its neighbor. One fails to understand as to why should Guru be denied fairness in trial and basic human rights before execution. Probably, this unfair trial and punishment to Guru is an endeavour by the Congress seek political mileage among hardliner Hindus by proving its ruthlessness against Muslims.
as an indian, i m really ashamed of afzal guru's hanging. i don't know much about the trial so won't comment on it. but the way he was hanged on basis of circumstancial evidence, family not informed, buried in jail, now with kashmir under curfew and media n communication gag is just pathetic. i think the whole indian subcontinent including india, pakistan, bangladesh n nepal is one giant shithole.
Secondly, Pakistan is not in a position to play as strong a role as it did in 1989.
What is the latest exchange rate ?