M A I N   N E W S

HC acquits 2 in Parliament attack case
Upholds death sentence for JeM ultras
Our Legal Correspondent

New Delhi, October 29
Upholding the death sentence to two Jaish-e-Mohammed (JeM) militants in the Parliament attack case, the Delhi High Court today acquitted two co-accused — a city college lecturer and the wife of one of the militants — finding no “sufficient” evidence to prove their involvement in the December 13, 2001, assault by five Pakistani terrorists.

While confirming the death sentence to JeM militants Mohammed Afzal and Shaukat Hussain, alias Guru, awarded by a Special POTA Court on December 18 last, the High Court gave the benefit of the doubt to Delhi college lecturer S A R Gilani and Guru’s wife Navjot Sandhu, alias Afsan.

The court also enhanced the life term of Afzal and Shaukat to death sentence for the charge of conspiracy. They had been awarded the death sentence by a trial court on three counts — for terrorist activities under POTA, for murder and waging war against the country under IPC.

“We hold that the prosecution has brought home its case of conspiracy against Mohammed Afzal and Shaukat Hussain, but has failed to prove the case against accused S A R Gilani and Navjot, alias Afsan,” a Bench comprising Ms Justice Usha Mehra and Mr Justice Pradeep Nandrajog ruled in a 393-paged judgement on the appeal by the accused.

Converting the life sentence of Afzal and Shaukat into death sentence under Section 121 of the IPC, the Court said “ the Special Judge had given legally sound, adequate and justified reason while imposing the sentence for various offences except under Section 121.”

“The evidence on record establishes that they were in unauthorised possession of arms and explosives recovered from their hideouts. Indeed, they were lethal,” the Bench said, adding it was fully convinced with the Special Judge’s order holding Afzal and Shaukat guilty of having committed the offence under Section 4(b) of POTA and under various provisions of IPC. It also upheld the trial court order imposing a fine of Rs 1 lakh on each of the duo.

Giving the benefit of the doubt to Gilani and Afsan, the court said “there is no evidence that Gilani was instrumental in procuring the chemicals used for manufacture of explosives. There is no evidence of Gilani’s involvement in procuring arms and ammunitions.”

Police to move SC

The Delhi Police may challenge the acquittal of city college’s former lecturer S A R Gilani and the lone woman accused in the Parliament attack case by the Delhi High Court today in the Supreme Court, their standing counsel Mukta Gupta said after the pronouncement of the judgement.

“But any decision to file the appeal would be taken after examining all aspects of the judgement in detail, which is quite long,” she said.

On the other hand, Jaish-e-Mohammed (JeM) militant Mohammed Afzal and Shaukat Hussain’s counsel said they would file appeals in the apex court against the High Court order upholding their conviction and death sentence.