The Hindu : National : Afzal was key conspirator: court

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Friday, Aug 05, 2005

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National

Afzal was key conspirator: court

J. Venkatesan

He has lost his right to life, says Bench

Attack on Parliament had no parallel in the history of Indian democracy Shaukat Hussain did not participate in plot Afzal counsel wants to file review

Mohammed Afzal

NEW DELHI: Confirming the death sentence awarded by the Delhi High Court to the key accused, Mohd. Afzal, the Supreme Court on Thursday said he was definitely involved in the conspiracy to attack Parliament with explosive substances.

Justice P. Venkatarama Reddi, writing the judgment for a Bench, said all evidence unerringly pointed to Afzal, who was a key conspirator and played an active role. By no standards could this act of Afzal be termed innocuous. The December 13, 2001 attack "had no parallel in the history of Indian democracy".

The Bench said the death sentence awarded by the trial court and the High Court was the most appropriate. Afzal communicated with the deceased terrorists who executed the conspiracy and did everything to set in motion the diabolical mission. By committing treason against the nation and waging war against it, he lost his right to life.

Shaukat Hussain

To another accused Shaukat Hussain Guru, the Bench awarded 10-year rigorous imprisonment and a fine of Rs. 25,000, and in default one-year imprisonment, for concealing the conspiracy to wage war against the nation. It absolved him of all other charges stating though he was aware of the conspiracy he did not participate in hatching the plot to attack Parliament. ShaukatHussain helping cousinAfzal flee Delhi was not sufficient to establish his complicity in the crime and link him to the activity of the key accused.

The Bench said it totally agreed with the High Court order acquitting Afsan Guru, wife of Shaukat Hussain, of all charges.

Anand Padmanabhan, counsel for Afzal, pleaded with the court for suspending the death sentence for four weeks to enable him to file a review. The Bench said it would be open to counsel to file a review but did not pass any order.

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