(contd.) Question is why was then the so called “…conditional surrender …promise….” were not brought out during trial ? Evidently prosecution can’t do it and tell the court of the promises etc. Only chance was for either the defense or Yaskub himself to bring it out. But why didn’t they do it ? Because it would have weakened his case as it would amount to self admission of having committed the crime deserving death penalty. That was why perhaps Yakub’s lawers cleverly used it in the last stages in the mercy petition and SC late night to stall hanging but were unsuccessful. But they might have succeeded too! The other aspect whether it was a surrender or arrest is not all that relevant. More relevant were the overwhelming evidence which went against him. Given this background it time for his lawyers, activists, politicians… etc. exercise restraint and avoid issuing public statements like calling him innocent, miscarriage of justice.. etc.that could only sully the emotions.
Actually too much is made of "investigating authorities deliberately withheld vital information of his conditional surrender and likely promise of a reduced sentence and special treatment.” Isn’t it how police all over the world crack cases involving criminals and terrorists using saam, daam, dand, bhed…3rd degree etc. ? However in the end they can only try their best to keep their promise but could still fail because it is the courts and the judge alone who has the last word on the sentencing. In Yakub’s case it is evident he was not comfortable in Pak feeling “Ghutan” as per his own words. The investigating agencies must have taken full advantage of his predicament and ‘cultivated’ him to return to India as the CBI man says in TV talk shows. In all likelihood at some level the investigators could have assured him justice in the sense that they would do all possible to save him from ‘death sentence.’ Yakub and his lawyers too must have been aware that despite all assurances it is the courts and the judges who ultimately decide the final verdict. All those who assured him must have tried their best but still their best was not good enough to save him in view of compelling external evidences against him not just his confessions as reflected during trial.
