- PHOTO: V. SUDERSHAN

THE SMILE IS BACK: Syed Abdul Rahman Geelani addresses a press conference after his acquittal in the Parliament attack case by the Supreme Court , in New Delhi on Thursday.

NEW DELHI: The Supreme Court on Thursday upheld the Delhi High Court judgment acquitting S.A.R. Geelani, college lecturer in Delhi University, while confirming the death sentence awarded Mohd. Afzal, the key accused in the Parliament attack case.

The court modified the death penalty imposed on another accused, Shaukat Hussain Guru, to one of 10-year rigorous imprisonment. Besides Mr. Geelani, it acquitted Navjot Sandhu alias Afsan Guru, wife of Shaukat Hussain.

Giving Mr. Geelani the benefit of the doubt, a Bench consisting of Justice P. Venkatarama Reddi and Justice P.P. Naolekar said his conduct at the time of the attack on Parliament on December 13, 2001 was disturbing and created a serious suspicion about his role as he reportedly approved the terrorist act. Further, the Bench referred to Mr. Geelani's untruthful pleas about his contacts with Afzal and Shaukat and said the needle of suspicion pointed to him. However, "suspicion alone is not sufficient to convict a person."

Five Pakistani militants — Mohammed, Haider, Hamza, Rana and Raja — attacked Parliament and were killed by security personnel. Nine security personnel were also killed and 16 others injured in the encounter.

The apex court Bench, in its 271-page judgment, described the attack as a grave crime of enormous severity and said it was a classic case of the "rarest of rare cases." The Bench said, "The collective conscience of the society will be satisfied only if death penalty is awarded to Mohd. Afzal." The judges said there was clinching evidence of his nexus with the slain terrorists.

The trial court on December 18, 2002, awarded death penalty to Afzal, Shaukat and Mr. Geelani, while sentencing Ms. Afsan Guru to five-year imprisonment. On appeal, the High Court on October 29, 2003 upheld the death penalty to Afzal and Shaukat under Sections 302 (murder) and 121 (waging war against the nation) of the Indian Penal Code and Sections 3 (2) and 4 of the Prevention of Terrorism Act but acquitted Mr. Geelani and Ms. Afsan Guru. While Afzal and Shaukat filed appeals in the apex court against the death sentence, the Delhi police appealed against the acquittal of Mr. Geelani and Ms. Afsan Guru.

Disposing of all appeals, the Bench upheld the death sentence to Afzal, saying there was not a shred of doubt about his complicity in the hatching of the criminal plot to attack Parliament.

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