New Delhi: The Supreme Court today dismissed the petition filed by Parliament attack case convict Shaukat Hussain Guru challenging his ten years imprisonment.
The apex court held that it did not find any ground to entertain Shaukat's petition that he was not given the opportunity to defend himself for the offence under Section 123 (concealing the conspiracy) of Indian Penal Code.
"We do not find any reason to entertain the present petition and grant relief as prayed for by Shaukat," a Bench comprising Justices P P Naolekar and V S Sirpurkar said.
Shaukat had contended that he was convicted by the apex court on August 4, 2005, under Section 123, the offence for which he was never charged. He had filed the petition after the apex court had dismissed his review and curative petition against the judgement sentencing him to ten years imprisonment.
Taking into account the development of the case from the trial court to the apex court, the Bench said the relief sought by the convict by filing fresh petition was not permissible under the law.
"For entertaining the present writ petition it is necessary to set aside the judgement delivered by a Division Bench of this court confirmed by the dismissal of review petition as also of the curative petition, which cannot be granted as not being permissible in exercise of powers under Article 32 of the Constitution," Justice Naolekar, writing the judgement for the Bench, said.
It said the contention raised by Shaukat that there was violation of principles of natural justice and manifest injustice was caused to him as he was not allowed to defend the offence under Section 123 could not be sustained as it was rejected in the review and curative petitions.
