The Hindu : National : Afzal to file curative petition

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Friday, Oct 20, 2006
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Afzal to file curative petition

New Delhi: Mohammad Afzal Guru, facing gallows for his involvement in the Parliament attack case, will file a curative petition in the Supreme Court for a review of the death sentence before he approaches the President for clemency.

"We want to exhaust all legal remedies available before approaching the President," sources close to him told PTI here. The petition is likely to be filed after the Diwali break.

The curative petition will re-look at the apex court's August 4, 2005, judgement, upholding the death penalty imposed on Afzal by the trial court. He is currently lodged in Tihar jail.

After approaching the apex court, he may file a mercy plea before the President seeking commutation of his death sentence. His family had earlier this month filed a similar petition before the President.

The Home Ministry has already initiated a legal consultation to form its opinion on the mercy plea, forwarded to it for scrutiny by the Rashtrapati Bhavan earlier this month.

According to legal provisions, a convict facing capital punishment cannot be hanged till his or her clemency petition is pending.

In view of this, Tihar jail authorities have also put on hold their arrangements for hanging the former JKLF member on Friday.

The Jammu and Kashmir Chief Minister Ghulam Nabi Azad had also urged the Centre to commutate Afzal's death sentence.

PTI

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