Following the rejection of a mercy petition by the president of india, he was executed on 9 february 20 his body was buried. Afzal was actually a student of kirori mal college nor got any verification done before letting out the house. Three years after parliament attack convict afzal guru was hanged in tihar jail, his. Close to noon on 122001, five heavily armed persons entered the parliament house complex and inflicted heavy casualties on the security men on duty. Conduct of afzals lawyers at his trial, and the supreme courts injustice afzal had provided the special court with a list of four lawyers, and wanted to be represented by any one among them. However, according to supreme court judgement 20, the council has no rights to enforce sanction on an educational institution. It should be recorded, moreover, that the appellants. So this is what we gained from afzal gurus hanging by shivam vij. After the hanging of afzal guru, the conspirator behind the attack on indian parliament in 2001 was hanged in feb. The bench had said transcripts of the call details established that mohammed had spoken to guru that he along with others were going to execute the plan. Based on supreme court judgment delivered on aug 4, 2005. When upholding the sentence, the supreme court admitted that the evidence against afzal was purely circumstantial and there was no evidence of afzal being associated with any militant group or organisations. Former supreme court judge p v reddi, who headed a twojudge bench which upheld parliament attack convict afzal gurus death sentence in 2005, said fair criticism of sc judgements was.
The only evidence recorded was his confession, and supreme court of india agreed that the confession was obtained in duress. Geelani, afsan guru acquitted in parliament attack case. Apr 06, 2020 it was an advisory body till 1945 and gained statutory status after parliament passed a law in 1987. The trial judge had done his best to help afzal with legal aid, and the counsel who defended. Based only on afzals confession which the supreme court subsequently set aside citing lapses and violations of procedural safeguards the government. Feb 25, 2016 the decision of the honourable supreme court in the afzal guru case is final and declaratory of law and justice in the case. In defense of afzal guru,we do not need pakistan ramani.
Afzal guru was hanged for his role in the 2001 parliament attack case. Hanging afzal would be a stigma on indian democracy. This judgment of the high court has given rise to these seven appeals\027two appeals preferred by shaukat hussain guru and one appeal preferred by mohd. Here, i am writing the landmark judicial decisions which changed the constitution as well as everyday life. The scope of these three sections has been interpreted by the honble supreme court as casting a duty on the high court to satisfy itself by a reappraisal and reassessment of the entire evidence, uninfluenced by the judgment of the court of session, about the. Colin gonsalves was afzal s defence lawyer in the high court.
Feb 10, 20 indian police bring afzal guru to court in delhi in 2002. Shutdown in kashmir on sixth anniversary of afzal gurus. Bjp leader gopinath munde lambasted former union home minister shivraj patil for his remarks on the death sentence of parliament attack convict afzal guru,saying it was important to give effect to the supreme court verdict in the case. Afzals wife tabasum guru files a mercy petition with president apj abdul kalam.
Jan, 2016 the hangings of ajmal kasab and afzal guru within the space of a few weeks in 2012 were timed by the manmohan singh government to divert public attention from the political crises it was facing. He deposed that his signatures do not appear anywhere in form nos. This article makes the issue of no legal aide provided to afzal guru as no issue. It is a classic example of rarest of rare cases supreme court. Because the death penalty, if carried out, is an irreversible process. In its 271page judgement delivered on august 4, 2005, a division bench of justice p v reddi and justice p p naolekar had said there was clinching evidence against guru. It has to be noted, that in its judgement of 5 august 2005, the supreme court. In a calculated move to attract international attention to the afzal guru s case, british mp john mcdonnell had put down an early day motion signed by 23 mps in the british parliament on 23d. Afzal guru was a kashmiri and, like many kashmiris, he believed in the idea of aazadi freedom.
Subsequently, the high court acquitted geelani and afsan. Mohammed afzal s death sentence by the trial court was confirmed by the delhi high court and the supreme court. He received a death sentence for his involvement, which was upheld by the indian supreme court. Afzal guru s lawyers had argued that the recovery of incriminating evidence mobile phones, laptops which came as a result of afzal guru. Strangely, the trial court recorded that all four had refused, but no reasons were provided. Judicial murder of a victim of history as mohammad afzal guru was hanged inside the infamous tihar jail on february 9, 20, i called indias well respected human rights defender and activist gautam navlakha on his mobile phone to know his reaction on the execution. Afzal guru was awarded death sentence by a delhi court on december 18, 2002 after being. Is it possible that afzal guru was wrongly convicted. The criticism of the golaknath judgment ran on the following lines.
Jun, 2016 india woke up to a morning without afzal guru at 8 a. Why the controversy over afzal gurus hanging refuses to. The court backed the high courts view that the criticism against the counsel. Four years after its opinion was sought by the centre, the file pertaining to the mercy petition of parliament attack case convict afzal guru, who is in the death row, has been sent to the union home ministry by the delhi govt. Every criminal trial is a voyage of discovery in which truth is the quest. Mohammad afzal guru 30 june 1969 9 february 20 was a kashmiri separatist, who was convicted for his role in the 2001 indian parliament attack. Afzal was limited to the cassette of the second conversation taped i. Supreme court judgement on terrorist afzal guru an. Islamabad, july 31 the following is the text of the short order passed by. The council has powers to determine examination rules, curriculum, fee structure, etc. Afzal guru was found to be the main conspirator behind the attack. Supreme court confirms death for afzal, commutes shaukats sentence to 10 years rigorous imprisonment. He argued that counsel appointed by the court as amicus curiae was thrust on him against his will, that the first amicus made concessions without his knowledge, and the counsel who conducted the trial did not diligently crossexamine the witnesses.
The court had noted that the evidence had established that afzal guru was in contact with the terrorists and three other accused. Colin gonsalves was afzals defence lawyer in the high court. The curious case of afzal guru has given rise to issues which lie more. Read here the five reasons why afzal guru is seen as a martyr in kashmir. The apex court had directed to provide adequate medical facilities and arrangement for food, sanitation and clean drinking water. Former supreme court judge p v reddi, who headed a twojudge bench which upheld parliament attack convict afzal guru s death sentence in 2005, said fair criticism of sc judgements was welcome, but to say that the execution was a judicial killing amounted to crossing the limit. Net login register for bookmarks and favorites menu login. This is particularly true because the supreme court itself has been accused of abdicating its responsibility and basing its reasoning on a flawed precedent when it came to a seminal case the case of afzal guru. Champakam dorairajan vs state of madras 1951 well before arjun singh, this case concerning admissions of back. It is futile to reopen this debate since the matter has attained. The supreme court said that it found no substance in the contention that he was not given legal aid. Afzal and shaukat hussain guru and confirmed the death sentence imposed on them. Even the police charge sheet did not accuse afzal of that.
The supreme court reduced shaukats punishment to 10 years of rigorous imprisonment. Counsel for afzal guru said he was denied proper legal aid. Anyone of us who thinks any verdict by supreme court of india is beyond any questioningdoubt clearly does not understand the judicial process well enough. Central excise act, 1944 madhya pradesh advocates welfare fund act, 1982 advocates act, 1961 air prevention and control of pollution act, 1981 air force act, 1950 aircraft act, 1934 airport authority of india act, 1994 all india council for technical education grant of. The supreme court upheld the death sentence against afzal guru despite the. His death sentence by the trial court was upheld by both the high court and the supreme court.
On 7 january 2011, a whistleblowing site leaked a document which stated that the mercy petition file was not with president of india. Former supreme court judge p v reddi, who headed a twojudge bench which upheld parliament attack convict afzal guru s death sentence in 2005, said fair criticism of sc judgements was. This article does not cite the evidence that got afzal guru indicted. Hanging of afzal guru analysis of supreme court judgement. Afzals trial then proceeded without a defence lawyer. In 2002 the trial court sentenced afzal guru to death, and in 2005 his death sentence was upheld by the supreme court. But the court records show that the message to arrest afzal went out before. The supreme court judgment acknowledged the evidence was. Afzal guru was convicted of conspiracy in connection with the 2001 indian parliament attack and was sentenced to death. Also, the court directed that group leaders belonging to all faiths should visit camps to deal with the consternation faced by the migrants. He said afzal gurus case cannot be compared with other pending mercy petitions,referring to patils. Indeed, public discourse about both the supreme court judgement that assuaged the nations collective conscience and the 2001 attack that aimed to destabilise the seat of democracy in india indict guru as an enemy of the state and, by. However, the supreme court, in its judgment, had analysed the evidence threadbare before arriving its conclusion over afzal guru s conviction as well as the sentence given to him. R geelani and sentenced shaukat hussain to ten years in rigorous imprisonment.
Claiming that scs judgement on parliament attack convict afzal guru was wrong, fatima insinuates that terrorist afzal guru was innocent. Afzal s trial then proceeded without a defence lawyer. Afzal guru, sentenced to death in the parliament attack case. Supreme court termed afzal guru a menace to the society. The net result of the above discussion is that the conspiracy to commit terrorist acts attracts punishment under subsection 3 of section 3. The supreme court has agreed to hear on monday a plea seeking contempt action against jailed, former du lecturer sar gilani and few others on the ground that they allegedly termed the execution of afzal guru as judicial killing and called honble judges of apex court as killers.
An analysis of the call records relating to shaukats mobile phone further. The delhi chief minister sheila dikshit would have much rather preferred to let the mercy petition of afzal guru, the parliament attack convict, gather dust in. Prima facie that provision appears to command the corporation to refuse to refund the amount illegally collected despite the orders of this court and the high court. Afzal and shaukat hussain guru and confirmed the death sentence imposed on. Congress distances itself from chidambarams afzal guru. The journey, in the present case, has been navigated by the designated judge of the special court constituted under section 23 of the prevention of terrorists activities act, 2002 hereinafter referred to as pota. Court in the municipal corporation of the city of ahmedabad and another v. Mohammad afzal guru 30 june 1969 9 february 20 was a kashmiri terrorist, who was convicted for his role in the 2001 indian parliament attack. Indian supreme court judgement 2005 in mohammad afzal guru s case. Pti file february 11 this year was the 36th death anniversary of maqbool bhat, cofounder of the jammu kashmir liberation front.
Of the three sentenced to death, sar geelani who was presented as the mastermind behind the attack, shaukat hussain guru and afzal guru, only afzal guru s penalty was upheld by the supreme court. But they were celebrating the persons, afzal guru and maqbool bhat, who were convicted by supreme court. In fact the proceedings before the high court are a reappraisal and the. Feb 15, 2016 student protests the students at the jnu meet on afzal guru werent carrying guns.
The latter was sentenced to five years imprisonment. Following the rejection of a mercy petition by the president of india, he was executed on 9 february 20. Sc judge in afzal case slams critics of the judgement india. Lashkaretoiba founder and suspected 2611 mastermind hafiz saeed has found an opportunity to stoke trouble in kashmir by selectively quoting from the supreme court judgment upholding afzal guru s death sentence. The judgment of the high court was reversed by this court after. Both shaukat hussain guru and mohammed afzal are expected to file appeals in the supreme court. But, afzal guru was given three life sentences and a double death sentence. All the five terrorists involved in the attack were killed in the encounter with the security force personnel. Sc judge in afzal case slams critics of the judgement. The high court allowed the appeal of the state in regard to sentence under section 121 ipc and awarded them death sentence under that section also. Download afzal guru supreme court judgement pdf file. Shanti bhushan, counsel for shaukat hussain, said that he has an excellent case and should have. They were terming them as martyrs which was affecting the people and it was contempt of court.
Mohammad afzal guru 30 june 1969 9 february 20 was a kashmiri separatist, who was. The supreme court of india upheld the sentence, ruling that the attack shocked the conscience of the society at large. Gilani and afsan guru were brought to the operation cell, lodhi colony. But in its 5 august 2005 judgment it gave afzal guru three life sentences and a double death sentence. Afzal s wife tabasum guru files a mercy petition with president apj abdul kalam. R gilani were convicted for the offences under sections 121, 121a, 122, section 120b read with sections 302 and 307 read with section 120b ipc, subsections 2, 3 and 5 of section 3 and section 4b of pota and sections 3 and 4 of the explosive substances act. On afzal guru, this is what the supreme court had said. I ignored the comments made by terrorist sympathizers and the likes of arundhati roy or amaresh mishra. Supreme court in its previous judgment in the case of state nct of delhi v navjot sandhu alias afzal guru 2005 held that irrespective of the compliance with the requirement of the section 65b, which has a special provision dealing with the admissibility of the electronic records there is no bar in adducing. The hanging of afzal guru is a stain on indias democracy.
The scope of these three sections has been interpreted by the honble supreme court as casting a duty on the high court to satisfy itself by a reappraisal and reassessment of the entire evidence, uninfluenced by the judgment of the court of session, about the guilt or innocence of the accused person. Afzal appeared to be integrally connected with the deceased terrorists and this. She is heard saying that afzal guru had no hand in the parliament attack. Some people were motivated by their general aversion to the death penalty on moral or prac. The curious case of hanging afzal guru journal of law and. A contempt petition has been filed in the supreme court seeking action against those jnu students, including student leader kanhaiya kumar, who. The students at the jnu meet on afzal guru werent carrying. They called afzal guru hanging judicial killing and apex. What are some of the popular judgements given by the. The boy who came all the way from kashmir to delhi to join a medical college with a burning desire to become a doctor and t.
While pronouncing sentence, the supreme court of india admitted that there was no evidence to show that afzal guru was a member of any banned organisation nor had any of the 80 prosecution witnesses said that afzal. The trial court sentenced geelani, shaukat and afzal to death. Judgments, supreme court of india indian employees. Congress leader mani shankar aiyar saysthe decision to hang afzalguru is sad typical congressi they want to score points over modi but. Afzal was scheduled to be executed on 20 october 2006, but the sentence was stayed. In case of afzal the supreme court upheld the delhi high court s judgment and referred it to be a rarest of rare case, sentencing him to death. The accused afzal who is found to be a party to the conspiracy is therefore liable to be punished under that provision. Despite gaping holes in the case against afzal guru, all indias institutions played. You will be aware, sir, that the supreme court has without explanation rejected the curative petition filed by mohd. Actress soni razdan calls terrorist afzal guru s hanging travesty of justice. Indian supreme court judgement 2005 in mohammad afzal guru.
291 903 314 965 899 617 809 702 642 105 1152 674 435 1379 1120 505 657 1598 149 1523 186 331 59 1159 1344 162 1171 344 1389 291 425 599 1245 225