Supreme Court upholds death penalty to Mohammed Arif in 2000 Red Fort attack case

Arif, a Pakistan national, had been found guilty of murder, criminal conspiracy and waging war against the country

The Supreme Court on Thursday dismissed a review petition filed by a member of the banned terrorist outfit Lashkar-e-Taiba, Mohammad Arif alias Ashfaq against the death sentence awarded to him in 2000 Red Fort attack case, as it noted 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 found that 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 the record. On the other hand, the aggravating circumstances specially the fact that there was a direct attack on the unity, integrity and sovereignty of India, completely outweigh all other factors as mitigating circumstances on record," the bench said.

The court also relied upon the judgement in the Mohammed Ajmal Kasab case (2008 Mumbai terror attack), to hold that when there is a challenge to the unity, integrity and sovereignty of India by acts of terrorism, such acts are taken as the most aggravating circumstances.

Even after accepting the convict's plea about inadminissbility of call details record data, the court said there were other circumstances, including a disclosure statement, which led to an encounter at Batla house and the 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.

The SC had on April 28, 2014 stayed Arif’s execution in the case. Two Army jawans and a civilian were killed in the December 22, 2000 Red Fort attack following the indiscriminate firings. On August 10, 2011, the SC upheld Arif’s death sentence and dismissed his appeal challenging the capital punishment awarded to him by a sessions court and confirmed by Delhi High Court.

However, in 2016, the SC decided to re-hear his review petition, after the 2014 judgement by the Constitution bench which directed for an open court hearing in review petitions in the death penalty cases.