Afzal Guru Case-

    (STATE)N.C.T of Delhi Vs. Navjot Sandhu
    -Afzal Guru Case

    Facts-

    On 13TH December 5 terrorist around 12 noon entered inside the premises of parliament.

    5 terrorist carries  fake documents entered inside the parliament with ambassador car.

    For 30 minutes continuously, heavy bullet battle sound clearly visible in surroundings

    These 5 man failed to reached inside the parliament and later died during incident.

    The Dead man named as Raja, Rana, Hamza, Mohammad and Haider. But, it killed 9 innocent person with 8 security person and 1 gardener in bullet fight.

    Including 13 security men with serious injury.

    Within 17 days the investigation completed and case covered under rarest of the rarest cases.

    It took 60 days to complete the trial proceedings. The said 5 terrorist were the members of banned militant group-Jaish-E-Mohammed

    Role of investigation

    On 14th may 2002 investigation agency took the matter under section 173 of Cr.P.C.

    During the investigation it found that the 5 terrorist were in continuous conversation with Mohd. Afzal guru.

    Through mobile tracing found that mohd. Afzal knows professor S.A.R Gilani, an urdu professor in DU University.

    On 14th may 2002 investigation agency took the matter under section 173 of Cr.P.C.

    During the investigation it found that the 5 terrorist were in continuous conversation with Mohd. Afzal guru.

    Through mobile tracing found that mohd. Afzal knows professor S.A.R Gilani, an urdu professor in DU University.

    10 lakh amount with laptop forfeited by the police under section 6 of POTA.

    Special court designated by Shri S.N Dhingra.

    Mohd. Afzal, Shaukat Hussain guru, S.A.R Gillani and Navjot Sandhu charged with offences of IPC, POTA and weapons act.

    Charges framed against accused

    Mohd. Afzal, Shaukat Hussain guru and S.A.R Gilani convicted for section 121,121A,122, 120B read with section 302 and 307 AND POTA SECTION 4(B) AND SECTION 3 WITH CLUASE (2)(3) AND (5).

    Navjot sindhu charged under section 123 of IPC.

    VERDICT OF SPECIAL COURT

    Navjot Sandhu free from all charges expect section 123 IPC sentenced to 5 years imprisonment with fine.

    other three accused convicted for death sentences for 120 section of IPC read with section 302 of IPC and section 3(2) of POTA.

    Matter-High Court

    The designated judge submitted the record to high court for confirmation of death penalties to accused.

    All 4 accused filed the petition against the judgment of special court.

    State filed the petition to extend accused life imprisonment to death penalties.

    Other appeal filed by the state to set accused navjot sandhu acquittal free from all charges except 123 IPC.

    On 29th october 2003, high court dismissed the appeal of mohd. Afzal and shaukat hussain guru.

    Judgment of High Court

    Mohd. Afzal and shaukat hussain given death penalty for conviction under 121 IPC as appeal stated by state,

    S.A.R Gilani and navjot sandhu acquittal from all chagres

    Argument

    The counselor from the side of accused late. Ram Jeth Malani.

    He put the argument that If any war happens against state. In such matters the we need permission to run a trial. As per section-196 of CRPC.

    In this case the permission granted by Lieutenant Governor of Delhi, during war against state has no authority to grant permission.

    only the central government have the power to gave permission in such matters.

    as a result the case stopped in between, till a refresh permission obtained from central government.

    Supreme Court Verdict-

    Navjot sandhu and SLR Gilani held acquittal free from all the charges.

    Shaukhat Hussain do not have full knowledge but help Afzal guru in matters pertaining to assistance imprisoned with 10 years.

    Afzal guru convicted for death penalty.

    conclusion-

    After this case, the security forces of India became more powerful, all the government headquarters and buildings raises high security. with strict Information technology Act, 2005.

     

    Reference-

    https://en.wikipedia.org/wiki/Afzal_Guru

    https://indiankanoon.org/doc/1031426/

    my post-https://legalacharya.com/author/aditi-rathore/