Afzal guru supreme court judgement pdf file

The supreme court has agreed to hear on monday a plea seeking contempt action against jailed, former du lecturer sar gilani and few others on the ground that they allegedly termed the execution of afzal guru as judicial killing and called honble judges of apex court. Based on supreme court judgment delivered on aug 4, 2005. A contempt petition has been filed in the supreme court seeking action against those jnu students, including student leader kanhaiya kumar, who allegedly raised antiindia slogans during an event. Every criminal trial is a voyage of discovery in which truth is the quest. Afzals trial then proceeded without a defence lawyer. The net result of the above discussion is that the conspiracy to commit terrorist acts attracts punishment under subsection 3 of section 3.

Indian supreme court judgement 2005 in mohammad afzal guru s case. Supreme court order in afzal guru case could lead to debate on who controls law dept. The supreme court upheld the death sentence against afzal guru. Afzal guru was hanged for his role in the 2001 parliament attack case. I ignored the comments made by terrorist sympathizers and the likes of arundhati roy or amaresh mishra. He received a death sentence for his involvement, which was upheld by the indian supreme court. Read here the five reasons why afzal guru is seen as a martyr in kashmir. In case of afzal the supreme court upheld the delhi high court s judgment and referred it to be a rarest of rare case, sentencing him to death. It is a classic example of rarest of rare cases supreme court. The scope of these three sections has been interpreted by the honble supreme court as casting a duty on the high court to satisfy itself by a reappraisal and reassessment of the entire evidence, uninfluenced by the judgment of the court of session, about the guilt. Pti file february 11 this year was the 36th death anniversary of maqbool bhat, cofounder of the jammu kashmir liberation front. The death sentence was upheld by delhi high court on october 29, 2003 and finally his appeal was rejected by the supreme court two years later on august 4, 2005. Oct 01, 2014 the cic directed the authorities of the tihar jail to share the certified copy of death warrant issued for execution of afzal guru, but refused to give the video recording of the same.

Feb 16, 20 much has been written about afzal s execution. Feb 10, 20 it was broadcast only a few days before the fasttrack court sentenced geelani and afzal and showkat guru to death. Afzal guru supreme court judgement pdf download 11ahkm. If you had perused the trial court records and the lengthy documentation put together over the years by lawyers and civil rights activists, or even the supreme court judgment which sentenced afzal to death, you would have known that his guilt was. On afzal guru, this is what the supreme court had said.

Colin gonsalves was afzals defence lawyer in the high court. Afzal guru s lawyers had argued that the recovery of incriminating evidence mobile phones, laptops which came as a result of afzal guru. Some people were motivated by their general aversion to the death penalty on moral or prac. Based only on afzals confession which the supreme court subsequently set aside citing lapses and violations of procedural safeguards the government of. The timeline of 2001 parliament attack case judgement. Feb 19, 20 let us first revive what exactly we know about afzal guru the master mind of attack on the parliament of worlds greatest democracy on th december 2001. Afzal and four appeals preferred by the stategovernment of national capital territory of delhi against the acquittal of s. Afzal guru was awarded death sentence by a delhi court on december 18, 2002 after being convicted of conspiracy to attack parliament on december, 2001. When upholding the sentence, the supreme court admitted that the evidence against afzal was purely circumstantial and there was no evidence of afzal being associated with any militant group or organisations. High court judges to the president of india calling on him to commute the. However, the supreme court, in its judgment, had analysed the evidence threadbare before arriving its conclusion over afzal guru s conviction as well as the sentence given to him. Supreme court termed afzal guru a menace to the society.

This judgment of the high court has given rise to these seven appealstwo appeals preferred by shaukat hussain guru and one appeal preferred by mohd. Lashkaretoiba founder and suspected 2611 mastermind hafiz saeed has found an opportunity to stoke trouble in kashmir by selectively quoting from the supreme court judgment upholding afzal guru s death sentence. Afzal guru, sentenced to death in the parliament attack case. The curious case of afzal guru has given rise to issues which lie. In a calculated move to attract international attention to the afzal guru s case, british mp john mcdonnell had put down an early day motion signed by 23 mps in the british parliament on 23d. In defense of afzal guru,we do not need pakistan ramanis blog. Section 27 in the prevention of terrorism act, 2002.

Bjp leader gopinath munde lambasted former union home minister shivraj patil for his remarks on the death sentence of parliament attack convict afzal guru, saying it was important to give effect to the supreme court verdict in the case. That is when afzal sent a letter to me asking me to get him another lawyer for the supreme court. Jan, 2016 afzal guru s hanging, in particular, was seen as a grave injustice in the kashmir valley. Afzal s wife tabassum guru files a mercy petition with then president a p j abdul kalam. The accused afzal who is found to be a party to the conspiracy. The scope of these three sections has been interpreted by the honble supreme court as casting a duty on the high court to satisfy itself by a reappraisal and reassessment of the entire evidence, uninfluenced by the judgment of the court of session, about the guilt or innocence of the accused person. In crossexamination he stated that he had asked the local address from ashiq hussain khan who stated that he had no local address. Ajmal kasab mumbai 2611 attacker case judgement details. He admitted that he did not get the verification of the address written on the icard. The supreme court referred to its observations in kunwar bahadur singh that the court should not hesitate to examine the matter on merits merely because there is a judgment of acquittal in favour of the accused and undue weightage should not be given if acquittal is based on surmises and conjectures and not substantiated by law and evidence on. The boy who came all the way from kashmir to delhi to join a medical college with a burning desire to become a doctor and t. The death sentence was upheld by delhi high court on october 29, 2003 and.

Supreme court also reduced the sentence of shaukat guru from death to ten years rigorous imprisonment. Former union home minister sushilkumar shinde on sunday rejected national conference leader omar abdullahs claim that parliament attack convict afzal guru was hanged for political reasons. Excellency, reads the judgement of the designated court you will see that the. Lt governor sends afzal gurus file back to delhi govt. Following the rejection of a mercy petition by the president of india, he was executed on 9 february 20. What supreme court said when it upheld death for afzal guru. Anyone of us who thinks any verdict by supreme court of india is beyond any questioningdoubt clearly does not understand the judicial process well enough. The national conference leader said that the central government had not consulted his party before taking the decision to hang guru. With supreme court commuting the death sentence of three convicts in rajiv gandhi assassination case, union minister farooq abdullah today said the hanging of parliament attack convict afzal guru was absolutely unjustified. Supreme court termed afzal guru a menace to the society while taking away his right to life. Judicial murder of a victim of history as mohammad afzal guru was hanged inside the infamous tihar jail on february 9, 20, i called indias well respected human rights defender and activist gautam navlakha on his mobile phone to know his reaction on the execution. Mohammad afzal guru 30 june 1969 9 february 20 was a kashmiri separatist, who was convicted for his role in the 2001 indian parliament attack.

Sc judge in afzal case slams critics of the judgement india. Five reasons why afzal guru is seen as a martyr in kashmir. Supreme court order in afzal guru case could lead to debate on who controls law dept the top court had observed that in matters of crpc, the lt governor is the enabling administrator over and above article 239 of the constitution. Feb 27, 2016 sc judge in afzal case slams critics of the judgement. R geelani and sentenced shaukat hussain to ten years in rigorous imprisonment. Lt governor sends afzal guru s file back to delhi govt. Out of four arrested by delhi police within 3 days of the attack, 2 were let off for lack of evidence, while shaukat hussain,is out on bail and afzal guru is waiting for getting hanged. The high court allowed the appeal of the state in regard to sentence under section 121 ipc and awarded them death sentence under that section also. Gilani and afsan guru were brought to the operation cell, lodhi colony. Is it possible that afzal guru was wrongly convicted. In defense of afzal guru,we do not need pakistan ramani.

That petition was the last option available to him through the courts. Hanging afzal would be a stigma on indian democracy. What supreme court said when it upheld death for afzal guru three years after parliament attack convict afzal guru was hanged in tihar jail, his execution continues to fuel powerful debates, protests, charges of sedition, and accusations of being antinational. Mohammad afzal guru 30 june 1969 9 february 20 was a kashmiri terrorist, who was.

The journey, in the present case, has been navigated by the designated judge of the special court constituted under section 23 of the prevention of terrorists activities act, 2002 hereinafter referred to as pota. As such, afzals right of legal aid flowing from articles 21 protection of life and. In 2002 the trial court sentenced afzal guru to death, and in 2005 his death sentence was upheld by the supreme court. Sc on afzal guru hanging a section of legal experts and human rights defenders believe, even though attack on an icon of democracy falls under the rarest of rare category, the afzal at the most was a conspirator unlike ajmal amir kasab, who was a perpetrator. Subsequently the high court acquitted geelani and afsan guru. The accused afzal who is found to be a party to the conspiracy is therefore liable to be punished under that provision. This article does not cite the evidence that got afzal guru indicted. As the nation remembers the martyrs on the 11th anniversary of parliament attack in new delhi, the convicts are still lying unpunished. The reason being that the posters about the proposed programme were against the judicial killing of afzal guru. Mohammed afzal s death sentence by the trial court was confirmed by the delhi high court and the supreme court. Three years after parliament attack convict afzal guru was hanged in tihar jail. The judgment of the high court gave rise to seven appeals two appeals preferred by shaukat hussain guru and one appeal by mohd.

The only evidence recorded was his confession, and supreme court of india agreed that the confession was obtained in duress. The death sentence was upheld by delhi high court on october 29, 2003 and finally his appeal was rejected by the supreme court two years later on. Afzal and shaukat hussain guru and confirmed the death sentence imposed on them. Colin gonsalves was afzal s defence lawyer in the high court. So this is what we gained from afzal gurus hanging by shivam vij. In the reference proceeding under section 367, the high court, if it thinks fit. Indian supreme court judgement 2005 in mohammad afzal gurus case. Although afzal guru had a lawyer at the supreme court but the court showed its own bias by. Afzal guru was a kashmiri and, like many kashmiris, he believed in the idea of aazadi freedom.

Afzal s trial then proceeded without a defence lawyer. They called afzal guru hanging judicial killing and apex. The unfortunate line in the supreme court judgement satisfying the. The court backed the high courts view that the criticism against the counsel. While pronouncing sentence, the supreme court of india admitted that there was no evidence to show that afzal guru was a member of any banned organisation nor had any of the 80 prosecution witnesses said that afzal was associated with any terrorist organisation. In its 271page judgement delivered on august 4, 2005, a division bench had said there was clinching evidence against afzal guru. Hanging of afzal guru analysis of supreme court judgement. Aug 07, 2014 the hanging of afzal guru was criticised by human rights activists, legal experts all over the country. The court had said that a delay by afzal in refuting and retracting the confession could not in itself impart credibility to the. A ll day i have been getting calls from television channels asking me for a bite on the afzal case. The hanging of afzal guru is a stain on indias democracy.

In carrying out afzal gurus death sentence, the government deliberately ignored the view of the supreme court and courts across the world that hanging a person after holding him in custody for years is inhuman. Even the police charge sheet did not accuse afzal of that. You will be aware, sir, that the supreme court has without explanation rejected the curative petition filed by mohd. Indian supreme court judgement 2005 in mohammad afzal. Sc judge in afzal case slams critics of the judgement. But in its 5 august 2005 judgment it gave afzal guru three life sentences and a double death sentence. The bench had said transcripts of the call details established that mohammed had spoken to guru that he along with others were going to execute the plan. Petitioners versus union of india and another respondents with writ petition civil no.

Why the controversy over afzal gurus hanging refuses to. The courts did not protect afzal gurus right to fair. Jun, 2016 india woke up to a morning without afzal guru at 8 a. Congress distances itself from chidambarams afzal guru. In its 271page judgement delivered on august 4, 2005, a division bench of justice p v reddi and justice p p naolekar had said there was. Pw295 was that of the person who had accompanied mohd. Of the three sentenced to death, sar geelani who was presented as the mastermind behind the attack, shaukat hussain guru and afzal guru, only afzal guru s penalty was upheld by the supreme court. Mohammad afzal guru 30 june 1969 9 february 20 was a kashmiri terrorist, who was convicted for his role in the 2001 indian parliament attack. Mar 12, 2016 the reason behind antinational views in the mind of students who raised slogans on the death anniversary of afzal guru, who was convicted for attack on our parliament, which led to this situation have not only to be found by them but remedial steps are also required to be taken in this regard by those managing the affairs of the jnu so that. Feb 25, 2016 congress distances itself from chidambarams afzal guru remark. Just before breakfast, afzal guru, prime accused in the 2001 parliament attack was secretly. The entire time line of the case is presented below. The curious case of hanging afzal guru journal of law and. The decision of the honourable supreme court in the afzal guru case is final and declaratory.

It has to be noted, that in its judgement of 5 august 2005, the supreme court admitted that the evidence against guru. Four years after its opinion was sought by the centre, the file pertaining to the mercy petition of parliament attack case convict afzal guru, who is in the death row, has been sent to the union home ministry by the delhi govt. This article makes the issue of no legal aide provided to afzal guru as no issue. Pw292 and pw293 were given by him to the special cell on 19.