SC issues notice to Delhi govt on plea of LeT terrorist against death penalty in Red Fort case

New Delhi: The Supreme Court on Thursday agreed to hear the curative plea of Lashkar-e-Taiba (LeT) terrorist Mohammad Arif against the death penalty given to him in the 2000 Red Fort attack case that left three Army jawans dead.

The top court had on November 3, 2022 dismissed the review plea of Arif in the case.

Arif alias Ashfaq was awarded the death sentence by a trial court in October 2005 and the Delhi High Court had affirmed the view of the trial court in September 2007.

He had then approached the apex court challenging the high court's verdict. The top court had in August 2011 affirmed the death sentence awarded to Arif.

On Thursday, a special bench comprising Chief Justice Surya Kant and Justices Vikram Nath and JK Maheshwari took note of the submissions of the counsel which cited apex court judgements after the death sentence was upheld by dismissing the appeal and the review petition.

“Issue notice,” the CJI said.

Curative petition is the last legal recourse available to a litigant to assail the verdict which has been upheld twice by the apex court itself by dismissing the appeal and the review petition.

According to the prosecution, on the night of December 22, 2000, some intruders had entered the area where the unit of 7 Rajputana Rifles of the Indian Army was stationed inside the Red Fort here and opened fire.

Three Army jawans were killed in the incident.