The Hindu : National : Shaukat Guru challenges conviction

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National

Shaukat Guru challenges conviction

J. Venkatesan

New Delhi: Shaukat Hussain Guru, convicted and sentenced by the Supreme Court to undergo 10 years rigorous imprisonment on charges of concealing information in the 2001 Parliament attack case, on Thursday challenged his conviction alleging that principles of natural justice were not followed.

The former Union Law Minister and senior counsel, Shanthi Bhushan, submitted before a Bench of Justices P.P. Naolekar and V.S. Sirpurkar that Shaukat had been convicted without the mandatory trial and “due process of law,” which violated his fundamental right of life and liberty under Article 21 of the Constitution.

Shaukat was awarded the death sentence by the trial court in December 2002. The Delhi High Court confirmed it in October 2003, but the apex court in August 2005 reduced the sentence to 10-year imprisonment. Mr. Bhushan contended that the apex court had acquitted Shaukat of all charges on which the trial court had convicted him.

But it convicted him instead on a new charge of concealing information about the terror plot from the authorities. To a question from Mr. Justice Sirpurkar whether the present petition was maintainable after the apex court had rejected his review petition (in April 2006) and curative petition (in January 2007), counsel said a person could be deprived of his life or liberty only through the due process of law. He contended that though the apex court acquitted Shaukat on various charges it did not put him on mandatory trial while convicting him on a different charge.

He argued that the apex court had convicted Shaukat on the presumption that he did not inform the police in advance when he had the knowledge that the crime was to be committed. He said Shaukat was denied an opportunity to show whether he informed the police or not.

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