Today, On 22nd January, The Supreme Court has sought the government’s response on the curative plea filed by a Lashkar-e-Taiba terrorist challenging his death sentence in the 2000 Red Fort attack case. The move reopens scrutiny of the long-standing terror conviction now.
The Supreme Court requested a response from the Delhi government regarding the curative petition filed by Mohd Arif, a Lashkar-e-Taiba (LeT) terrorist and Pakistani national, who is contesting his death sentence.
He was sentenced for his role in an attack on the Red Fort that resulted in the deaths of three soldiers from the 7th Rajputana Rifles in 2000.
A bench consisting of Chief Justice of India (CJI) Surya Kant, Justices Vikram Nath, and J.K. Maheshwari heard the case in open court and issued a notice to the Delhi government.
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During the hearing, Mohammad Arif’s counsel argued that despite the previous upholding of the death sentence in both appeal and review, recent jurisprudence from the Supreme Court, particularly the ruling in Manoj v. State of Haryana, justified a reevaluation of the case at this curative stage.
The Bench then deliberated on these points and, acknowledging the restricted nature of curative jurisdiction, ordered that a notice be issued.
CJI Surya Kant stated,
“Issue notice,”
To which the counsel replied,
“Most grateful.”
In November 2022, a three-judge panel led by then CJI UU Lalit had rejected Arif’s review petition, affirming his death penalty. The court noted that the aggravating circumstances justifying the death sentence far outweighed any mitigating factors presented.
The prosecution’s account states that on the night of December 22, 2000, intruders entered the area occupied by the 7 Rajputana Rifles stationed at the Red Fort in New Delhi. In the ensuing gunfire, three Army personnel were killed, and the assailants escaped by climbing over the rear boundary wall of the fort.
Arif was subsequently apprehended and charged under the Indian Penal Code, the Arms Act, the Foreigners Act, and the Explosive Substances Act. He was convicted and sentenced to death by a Delhi sessions court on October 31, 2005. This sentence was upheld by the Delhi High Court on September 13, 2007, and later by the Supreme Court on August 10, 2011.
Arif challenged the Supreme Court’s confirmation order, arguing that his case should have been heard by a three-judge bench rather than a division bench. Initial review and curative petitions were dismissed by another division bench.
However, on September 2, 2014, a Constitution bench of the Supreme Court ruled that all death sentence confirmation cases must be reviewed by a three-judge bench.
Taking this ruling into account, Arif submitted another review petition against the orders that affirmed his death sentence.
This petition was subsequently presented before the three-judge bench led by CJI Lalit. He contended that the Division Bench had made an error in evaluating the call data records (CDRs) under Section 65 B of the Evidence Act.
Nevertheless, the three-judge bench determined that the other evidentiary circumstances clearly established Arif’s involvement in the crime.
Concerning Arif’s argument about the improper consideration of mitigating circumstances, the bench noted that as a Pakistani national convicted of waging war against the nation and murdering army personnel, significant aggravating factors were present. Consequently, they dismissed his review petition.
This verdict has now been challenged through a curative petition.
In June 2024, President Droupadi Murmu denied the mercy plea of Mohammed Arif, who was convicted in the 2000 Red Fort attack and sentenced to death for his role in the incident, which led to the deaths of three Army personnel.
This decision followed the Supreme Court’s dismissal of Arif’s review petition on November 3, 2022, which upheld both his conviction and death penalty. The Court concluded that there were no mitigating factors in his case, stressing that the attack constituted a direct threat to India’s unity, integrity, and sovereignty.
The Red Fort attack occurred on the night of December 22, 2000, when assailants targeted the 7 Rajputana Rifles unit stationed within the fort’s grounds, resulting in the death of three Army personnel.
The attackers managed to escape by climbing over the rear boundary wall. Four days later, Arif was apprehended by the Delhi Police and identified as a Pakistani national affiliated with the terrorist organization Lashkar-e-Taiba. He was found guilty of collaborating with other militants to orchestrate the attack.
Case Title: Mohammed Arif @ Ashfaq v. State (NCT of Delhi)