SC dismisses Afzal's death review plea in case Saturday, January 13, 2007 02:51 [IST]
New Delhi: The Supreme Court today (Jan 13, 2007) put the
curtain down on Parliament attack case by dismissing the plea of Mohd Afzal,
seeking review of his death sentence saying 'there is no merit' in his curative
petition.
The only ray of hope now left for Afzal is his pending mercy petition before
President A P J Abdul Kalam.
A Bench headed by Chief Justice Y K Sabharwal also rejected the petition of
Shaukat Hussain Guru seeking review of his ten-year rigorous imprisonment for
not disclosing the conspiracy to attack Parliament House on December 13, 2001.
Both of them had filed the curative petition, the last legal recourse before
the court of law, alleging defects in the August 4, 2005 judgement of the apex
Court.
The Bench, which dismissed the two petitions, also included Justices K G
Balakrishnan, B N Agrawal and P P Naolekar.
Afzal had preferred to approach the Supreme Court during the pendency of his
clemency plea before the President.
He had contended that he was not given a fair trial in the case and was not
represented by the lawyer of his choice.
Afzal had submitted that the rights guaranteed under Article 21 of the
Constitution was violated in his case.
The court had earlier dismissed their review petitions against its August 4,
2005 verdict by which it had confirmed the capital punishment of Afzal awarded
by the trial court and upheld by the Delhi High Court.
The High Court had also concurred with the death penalty awarded by trial court
to Shaukat but the apex Court had reduced it to 10-year imprisonment.
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