Read Time: 04 minutes
Court opined that the aggravating circumstances evident from the record and especially the fact that there was a direct attack on the unity, integrity and sovereignty of India, completely outweighed the factors which might even remotely be brought into consideration.
The Supreme Court today upheld the death sentence awarded to Mohd Asif, a Pakistani national and member of Lashkar-e-Taiba, in the 2000 Red Ford Attack case.
A bench led by CJI U.U. Lalit and also comprising Justices Ravindra Bhatt and Hima Kohli passed the order in the review petition filed against Asif's death sentence. Court rejected the review petition while observing, "The suggestion that there is a possibility of retribution and rehabilitation, is not made out from and supported by any material on record".
In the 2000 Red Ford Attack case, where three Army jawans lost their lives due to indiscriminate open firing, Asif was one of the accused who carried out the attack, while another terrorist Abu Shamal alias Faisal died in the encounter.
Asif was awarded a death sentence, which came before the Top Court for review.
"On the other hand, the aggravating circumstances evident from the record and especially the fact that there was a direct attack on the unity, integrity and sovereignty of India, completely outweigh the factors which may even remotely be brought into consideration as mitigating circumstances on record", the top court bench today held.
Background
In 2011, the Additional Sessions Judge, Delhi had convicted Asif for offences punishable under Sections 302, 307, 186, 353, 120-B, 121, 121-A, 216 and 201 of the Indian Penal Code, 1860 read with Sections 25, 27, 54 and 59 of the Arms Act, 1959, Section 14 of the Foreigners Act, 1946, Sections 4 and 5 of the Explosive Substances Act, 1908 and Sections 420, 468, 471, 474 and 34, IPC. Resultantly, the court had awarded a death sentence to Asif, which was subject to confirmation by the High Court. The High Court subsequently affirmed the conviction.
The Top Court was then approached through a criminal appeal, which got negated, and a subsequent curative petition was also dismissed. Then a writ was filed seeking the matter to be heard by a three-judge bench. Therefore, the question before the Court was: "Whether in matters where the review petitions had already stood rejected when the aforementioned decision was rendered by the Constitution Bench of this Court, could there be reopening of the matter and the review petition be reheard?"
Case Title: MOHD. ARIF @ ASHFAQ vs. STATE (NCT OF DELHI)
Please Login or Register
