Date:04/12/2007 URL: http://www.thehindu.com/2007/12/04/stories/2007120499371600.htm

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Red Fort case: apex court stays death sentence

Legal Correspondent

New Delhi: The Supreme Court on Monday stayed the death sentence of the Lashkar-e-Toiba militant and Pakistan national, Mohammad Arif alias Ashfaq, in the “Red Fort attack case” in which three Army personnel were killed on December 22, 2000.

A Bench, consisting of Justices G.P. Mathur and P. Sathasivam, while staying the death sentence, admitted the appeal and issued notice to the Delhi government on a petition of Ashfaq seeking to quash the death sentence imposed on him by the trial court and confirmed by the Delhi High Court.

In his appeal, Ashfaq contended that there was no direct or circumstantial evidence to prove his guilt in the case. There were contradictions in the witness statements and the prosecution had failed to corroborate the evidence.

The trial court awarded death sentence to Ashfaq and life imprisonment to Nazir Ahmed Quasid and his son, Farooq Ahmed Quasid. They were found guilty of harbouring Mohd Ashfaq, one of the six militants who had sneaked into the 17th century monument and opened indiscriminate firing on the guards of the seventh battallion of the Rajputana Rifles, killing three, including a civilian.

“The facts speak unmistakably and loudly that these people conspired to wage war against the Government of India.

The High Court, while confirming the death sentence, acquitted Nazir Ahmed, Farooq Ahmed, Asfaq’s wife Rehmana Yusuf Farooqui, Matloob, Babar Mohsin and Sadaquat Ali. Three militants, Abu Shaad, Abu Bilal and Abu Haider, who had also entered the monument, were killed in separate encounters.