Criminal appeal nos. 373-375, 376-378, 370-380, 381 of 2004
Supreme Court of India
BENCH: Hon’ble P.V. Reddi J., Hon’ble P.P. Naolkar J.
DATE OF JUDGEMENT: 4 August 2005
RELEVANT SECTIONS:
- Section 121 of IPC (Waging, or attempting to wage war, or abetting waging of war, against the Government of India)
- Section 121A of IPC (Conspiracy to commit offences punishable under section 121)
- Section 122 of IPC (Collecting arms, etc., with intention of waging war against the Government of India)
- Section 120B of IPC (Punishment for criminal conspiracy)
- Section 123 of IPC (Concealing with intent to facilitate design to wage war)
- Section 302 of IPC (Punishment for murder)
- Section 307 of IPC (attempt to murder)
- Section 3 of POTA (Punishment for terrorist acts)
- Section 6 of POTA (Holding of proceeds of terrorism illegal)
- Section 3 of Explosive Substances Act (Punishment for causing an explosion likely to endanger life or property)
- Section 4 of Explosive Substances Act (Punishment for attempt to cause an explosion, or for making or keeping explosive to endanger life or property)
BACK HISTORY
On December 13, 2001, the Indian Parliament was attacked by the five terrorists. The terrorists entered the parliament house via car with the help fake identity cards with stickers of the Home Ministry. The terrorist was highly weaponed with AK-47, grenades and pistols. As they came out of the car and started shooting, the security personnel and personal guards also shot back over the terrorists. The whole attack led to cause injury to at least 22 people and death of a total of nine people which included 6 Delhi police personnel, 2 parliament security personnel and 1 gardener. All the five terrorists were killed in the defence attack of security personnel. Further extensive investigation of the attack revealed the involvement of four more accused other than five deceased accused. On 15 December 2001 police intelligently trapped all of them and arrested. Their identity was disclosed as Afzal, Shaukat, Gilani and Navjot who was the wife of Shaukat. According to the confessional statements of Afzal and Shaukat, they were the part of the conspiracy to launch an attack on the Indian Parliament.
Accused Afza, Shaukat and Gilani were charged under sections 121, 121A, 122, 120B, 302 & 307 of IPC, sub-sections (2),(3),(5) of section 3 & section 4(b) of POTA and sections 3 & 4 of Explosive Substances Act. Accused no.1 and accused no.2 was further charged with 3(4) of POTA and accused no.4 was charged with section 123 of IPC
The high court awarded the death sentences to accused Afzal and Shaukat under section 302 along with 120B of IPC and Section 3(2) of POTA. The amount of a million Indian Rupees, which was recovered from accused no.1 and accused no.2 was forfeited to the state under section 6 of POTA. The court acquitted the accused Gilani and Navjot Sindhu from all charges framed against them.
FORENSIC REPORT
The forensic examination of the explosives contained in I.E.D and the car bomb which was recovered from the scene of the crime on December 13, 2001, were conducted by the expert of FSL, Chandigarh. He concluded in the report the evident presence of Ammonium Nitrate, Aluminium/ Silver powder and Sulphur in the explosives. The samples of chemicals which were collected from hideouts were matched with the unused explosives.
On December 14, 2001, the calls of three accused Afzal, Shaukat and Gilani were tapped. The forensic analysis of an incoming call to Shaukat revealed that the male voice was of Shaukat and female voice was of his wife accused Navjot Sindhu and both the accused conversing on a call were knowing the attack on parliament.
Two experts, computer engineer and examiner of questioned documents examined the laptop recovered from the possession of accused no.1-2 and documents recovered from the spot with deceased terrorists including various identity cards and sticker of the home ministry, respectively. They revealed in their report that the laptop was used for the creation of the documents including identity cards and sticker of the home ministry.
JUDGEMENT
Supreme court dismissed the appeal file by accused Mohd. Afzal and confirmed his death sentence imposed under section 302 &120B of IPC and section 3(2) of POTA.
Court partly allowed the appeal of accused Shaukat Hussain and convicted him only under section 123 of IPC and awarded with the punishment of rigorous imprisonment for 10 years and fine.
The appeal filed by the state against the acquittal of accused S.A.R. Gilani was dismissed by the court and confirmed his acquittance.
The charge framed against accused Navjot Sandhu for committing offence under section 123 of IPC was confirmed and sentenced her to undergo rigorous imprisonment of 5 years and to pay fine.