The Hindu : National : Verdict reserved on Shaukat plea

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Verdict reserved on Shaukat plea

Legal Correspondent

New Delhi: The Supreme Court on Tuesday reserved verdict on Shaukat Hussain Guru’s petition challenging his conviction of concealing information and the award of 10-year rigorous imprisonment in the 2001 Parliament attack case. He alleged that the principles of natural justice were not followed in the case.

A Bench consisting of Justices P.P. Naolekar and V.S. Sirpurkar reserved judgment at the conclusion of arguments by the former Union Law Minister and senior counsel Shanthi Bhushan (appearing for the petitioner) and Additional Solicitor-General Gopal Subramaniam for the Delhi government.

“Violation of Article 21”

Mr. Bhushan said Shaukat was convicted without the mandatory trial and ‘due process of law’ being followed. This violated his fundamental right of life and liberty under Article 21 of the Constitution.

He pointed out that the Supreme Court acquitted Shaukat of all charges on which the trial court had convicted him. But the apex court convicted him of the new charge of concealing information from authorities about the terror plot.

Shaukat was awarded 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.

Opportunity denied

Mr. Bhushan reiterated that the apex court convicted Shaukat on a presumption that he did not inform the police in advance when he had the knowledge that the crime was to be committed. But he was denied an opportunity to show whether he informed the police or not.

Mr. Subramaniam said the petition was not maintainable after Shaukat had exhausted all remedies available to him.

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