2001 Indian Parliament Attack - Trial

Trial

The attack triggered extensive and effective investigations which revealed possible involvement of four accused namely Mohammad Afzal, Shaukat Hussain Guru and S.A.R. Gilani and Navjot Sandhu a.k.a. Afsan Guru. Some other proclaimed offenders said to be the leaders of the banned militant organization known as Jaish-i-Mohammed. After the conclusion of investigation, investigating agency filed the report under Section 173 of Criminal Procedure Code, 1973 (India) against four accused persons on May 14, 2002. Charges were framed under various sections of Indian Penal Code, the Prevention of Terrorism Act, 2002 and the Explosive Substances Act by the designated sessions Court.

The designated Special Court was presided over by S.N. Dhingra and accused were tried on charges and the trial concluded within a record period of about six months. 80 witnesses were examined for the prosecution and 10 witnesses were examined on behalf of the accused S.A.R. Gilani. About 300 documents were exhibited. Afzal Guru, Shaukat Hussain Guru and S.A.R. Gilani were convicted for the offences under Sections 121, 121A, 122, Section 120B read with Sections 302 & 307 read with Section 120B IPC, sub-Sections (2), (3) & (5) of Section 3 and Section 4(b) of POTA and Sections 3 & 4 of Explosive Substances Act. The accused 1 & 2 were also convicted under Section 3(4) of POTA. Accused No.4 namely Navjot Sandhu a.k.a. Afsan Guru was acquitted of all the charges except the one under Section 123 IPC for which she was convicted and sentenced to undergo Rigorous Imprisonment for five years and to pay a fine. Death sentences were imposed on the other three accused for the offences under Section 302 read with Section 120B IPC and Section 3(2) of POTA. They were also sentenced to life imprisonment on as many as eight counts under the provisions of IPC, POTA and Explosive Substances Act in addition to varying amounts of fine. The amount of Rs.10 lakhs, which was recovered from the possession of two of the accused, namely, Mohammad Afzal and Shaukat Hussain, was forfeited to the State under Section 6 of the POTA.