Parliament attack convict Shoukat Hussain Guru, incarcerated in Tihar Jail,  on Monday questioned the reasoning of the Supreme Court to sentence him to ten years imprisonment, for the offence he had not been charged with at the trial court.
Senior Counsel Shanti Bhushan appearing for Guru challenged the judgement of the apex court of August 4, 2005, saying that the court could not convict him under the Section 123 of the IPC for not informing the magistrate or police about the conspiracy to attack the Parliament, as he was not charged with the offence.
A bench comprising Justices P P Naolekar and R V Raveendran issued notice to the Delhi government on the petition and asked the prosecution to file its reply.
The apex court had sentenced Shoukat to 10 years imprisonment for concealing facts about the conspiracy and discharged him from other 11 offences under which the charges had been framed in the 2001 Parliament attack case. The trial court and Delhi High Court had sentenced him to death penalty.
“Shoukat was not given an opportunity to defend himself and show that he had complied with the requirement of the section 39 of the CrPC by informing a magistrate of police,” the petition said.
According to the prosecution, Shoukat with another convict Afzal had gone to the boy’s hostel where slain terrorist Mohammed was staying. He had accompanied to a motorcycle shop with Afzal and Mohammed.
The court had earlier dismissed the review and the curative petitions, rejecting the plea for acquittal from all the charges.