The Hindu : National : Supreme Court reserves verdict in Parliament attack case

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Thursday, May 05, 2005

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Supreme Court reserves verdict in Parliament attack case

Legal Correspondent

NEW DELHI: The Supreme Court on Wenesday reserved verdict in the four appeals — two by the Delhi Police and two by the accused — in the Parliament attack case challenging the verdict of the High Court acquitting two persons and upholding the death sentence for two others.

Besides the five terrorists who attacked Parliament on December 13, 2001, nine persons died and 13 were injured.

A Bench of Justice P. Venkatarama Reddi and Justice P.P. Naolekar heard marathon arguments for over a year on the Delhi Government's appeals challenging the acquittal of Navjot Sandhu alias Afsan Guru and Delhi University lecturer, S.A.R. Geelani, as well as those appeals filed by Shaukat Hussain Guru and Mohd. Afzal challenging the High Court order upholding the death penalty against them. The apex court had already stayed their execution.

Appearing for Mr. Geelani, senior counsel Ram Jethmalani argued that the date of Mr. Geelani's arrest had been shown as December 13, 2001 whereas he was actually arrested the next day. He said that the entire evidence against him was a taped conversation, which the High Court had rejected. Mr. Jethmalani said that after his acquittal, why should Mr. Geelani be put on trial, which could last two or three years.

Counsel for Afsan Guru submitted that she was schizophrenic and undergoing treatment. There was no reason why she should be subjected to retrial.

Senior counsel Gopal Subramaniam appearing for the Delhi Police submitted that the High Court had failed to take into account the evidence bringing out the clear involvement of Mr. Geelani and Ms. Sandhu, who had been sentenced to death and life imprisonment respectively by the trial court.

The High Court had taken note of the fact that Mr. Geelani had not given a confessional statement under the POTA.

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