New Delhi, Aug 28: The Delhi High Court today reserved its verdict on the reference for confirming the death sentence against three convicts in the Parliament attack case and the appeals filed by the accused against the conviction as well as on prosecution`s plea for enhancement of punishment for some of the offences. A bench comprising Justice Usha Mehra and Justice Pradeep Nandrajog reserved the order after the arguments by the contesting parties, which began on April 2, were completed this afternoon. A special Pota court on December 18 last had sentenced to death Jaish-e-Mohammed militants, Mohammed Afzal, Shuakat Hussain Guru and S A R Geelani, suspended lecturer of a Delhi University college, holding them guilty of waging war against the state under Pota. The lone woman convict Navjot Sandhu alias Afsan Guru, wife of Shaukat was sentenced to five years imprisonment for concealing the conspiracy to attack the Parliament house. The December 13 attack on Parliament had resulted in death of nine persons and 16 others were seriously injured.
The five Pakistani militants -- Mohammed alias Leader, Hamza, Haider, Raja and Rana -- were killed by the security personnel in the ensuing gunbattle.
Special judge S N Dhingra has awarded capital punishment to three convicts on two counts under Pota and Indian Penal Code (IPC) finding them guilty of entering into a conspiracy to wage war against the state.
All the accused challenged the trial court judgement contending that they were not given fair and proper hearing.
Senior advocate Ram Jethamalani, who appeared for Geelani contended that he was falsely implicated in the case and alleged that the prosecution theory of conspiracy was concocted.
However, in a significant move, the prosecution had also filed appeals for imposition of death penalty against Afzal, Shaukat and Geelani for the offences for which they were awarded only life imprisonment.
The three accused were awarded life sentence on the charge of waging armed war against the state under Section 121 of IPC.
Besides seeking maximum punishment of ten years for Navjot Sandhu, who has been awarded five years rigorous imprisonment by a special court for not disclosing the conspiracy to attack Parliament under Section 123 of IPC, Delhi Police has also challenged her acquittal in the offences for which the other three persons were convicted.
Prosecution has challenged her acquittal contending that she had taken active part in the conspiracy.
Bureau Report