Arab News
DAMMAM, Apr 26: Twenty-seven-year-old Indian national Abu Rafe, who was sentenced to death by the Abha Central Court two years ago for killing a Saudi national, was set free over the weekend and joined his family in Bilaria Ganj in Uttar Pradesh's Azamgarh district yesterday.
The original conviction stems from an Aug. 23, 2006, incident near Khamis Mushayt in which an elderly Saudi was slain. Abu Rafe maintained at the time that he had been forced to commit immoral acts at knife-point by the victim and that he was later able to seize the knife to defend himself. In the original verdict, a copy of which was provided to Arab News at the time, three of the four-judge bench ruled that Abu Rafe was guilty of premeditated murder and sentenced him to death.
The decision was based entirely on Abu Rafe's confession and the statement of the victim's son who was actually far removed from the scene of murder. At the time, independent legal observers maintained that verdict was harsh "because there were no witnesses and because Abu Rafe claims that he acted in self-defense."
The case is an example of the appellate process in Saudi Shariah courts.
"I just don't know what to say. I was basically counting every minute of my life," Abu Rafe told Arab News Thursday morning before departing for India. "God has granted me a new life. The first thing I did after being released from Abha Central Jail on Tuesday was to call my father in Jeddah and mother in India."
The reversal of the decision surprised him.
"None of us could believe what just happened," said Abu Rafe. "Every single person that I met in the last 72 hours has basically told me the same thing - that I am probably the first person who has been spared the executioner's sword after being convicted of murder. Now I want to lead a virtuous life. I want to obey Allah's commands. I want to make the most of my new life. Bas Allah ki ibadat karenge."
He was full of praise for the efforts of a group of Indian expatriates without whose support Abu Rafe says nothing would have happened.
"But for the help extended by the India Fraternity Forum members I would have died a long time ago. The forum chief in Abha, Sayid Moulavi, would frequently visit me in Abha jail and would always comfort me and assure me that one day I would be free," said Abu Rafe.
"I had firm belief that since I acted in self-defense I would be set free, but there were moments when I just gave up and prepared myself for the inevitable."
India Fraternity Forum members Noushad Punnakal, Ahmed Kutty and Abdul Aziz Chokli had full faith in the Saudi judicial system.
"Even after the Abha court passed the judgment for Abu Rafe's execution, we were confident he would be set free," they maintained. But for truth to prevail they needed diplomatic and legal support. "We therefore approached Indian Ambassador M.O.H. Farouk and the Indian Consulate in Jeddah ... they provided all help in taking the case to the appeals court," said Abdul Aziz Chokli, who accompanied Abu Rafe to the airport on his way back to India.
Thanks to the efforts of forum members and the Indian missions the case was referred to the higher court in Makkah. The Makkah court denied the appeal, and the case was then sent to the Riyadh court. The court in Riyadh suggested that the judgment be reviewed and that it should be reopened. The Makkah court then remanded the case back to Abha court and asked it to review the decision. The Abha court then ruled in Abu Rafe's favor and acquitted him.
"Alhamdulillah. This is a miracle," said Abu Rafe, who hopes to return to Saudi Arabia. "I want to perform Haj and Umrah ... I have not been able to do that. I have no ill-will against anybody. I did what I did to save my honor. The one thing I learned is to never lose faith in God."