NEW DELHI: The Supreme Court on Thursday dismissed a review petition filed by a member of banned terrorist outfits Lashkar-e-Taiba, Mohd Arif alias Ashfaq against the capital punishment awarded to him in 2000 Red Fort attack case, after noting that there was a direct attack on the unity, integrity and sovereignty of India.
A bench of Chief Justice U U Lalit and Justices S Ravindra Bhat and Bela M Trivedi concluded there is nothing on record which can be taken to be a mitigating circumstance in favour of the review petitioner.
"The suggestion that there is a possibility of retribution and rehabilitation, is not made out from and supported by any material on record. On the other hand, the aggravating circumstances evident from the record and specially 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 bench said.
Referring to the Mohd Ajmal Amir Kasab case judgement (2008 Mumbai terror attack) (2012), the bench pointed out that when there is challenge to the unity, integrity and sovereignty of India by acts of terrorism, such acts are taken as the most aggravating circumstances.
"It is well accepted that the cumulative effect of the aggravating factors and the mitigating circumstances must be taken into account before the death sentence is awarded," the bench said.
With regard to the convict's plea about inadminissbility of call details records data, the bench said even after eschewing that there were other circumstances, including a disclosure statement, which led an encounter at Batla house and killing of Abu Shamal alias Faisal, which went against the convict.
Arif, a Pakistan national, was held guilty of murder, criminal conspiracy and waging war against the country.
On April 28, 2014, the court had stayed his execution.
Three persons, including two Army jawans, were killed in the attack.
In August 2011, the Supreme Court confirmed the death sentence of Arif for carrying out the December 2000 Red Fort attack. The apex court also dismissed his review petition later in August 2011.
However, in 2016, the apex court decided to re-hear his review petition, after 2014 judgement by the Constitution bench which directed for open court hearing in review petitions by the death row convicts.
In November 2005, the trial court had awarded Arif a death sentence. The trial court had also fined Arif Rs 4.35 lakh for the attack on December 22, 2000. The Delhi High Court, in 2007, upheld the death sentence to Arif.
