Afzal Guru - The Case

The Case

The attack was conducted jointly by the Lashkar-e-Toiba (LET) and the Jaish-e-Mohammad (JEM). Seven members of the security forces, including a female constable, were killed, as were the five still incompletely identified men who carried out the attack.

Following were the charges against Afzal Guru:

• Recovery of explosives from his place of hideout in Delhi.
• Conspiring to commit and knowingly facilitated the commission of a terrorist act or acts preparatory to terrorist act and also voluntarily harboured and concealed the deceased terrorists knowing that such persons were terrorists and were the members of the Jaish-e-Mohammad, a banned terrorist organisation, which is involved in acts of terrorism and hence committed an offence punishable Under Section 3(3) (4) and (5) of Prevention of Terrorist Activities Act.
• Possession of 10 Lakhs given to him by the terrorists who were killed by the police when they had attacked the Parliament of India.

He was arrested on December 12, 2001 along with Shaukat and later on explosives were found from their hideout in Delhi. Eighty witnesses were examined for the prosecution and ten were examined for defense. The judgment mentions:

"The incident, which resulted in heavy casualties, has shaken the entire nation and the collective conscience of the society will be satisfied if the capital punishment is awarded to the offender."

On December 19, 2001 he made a confession of the offenses which was recorded and was signed by him. He also confirmed having made the confessional statement without any threat or pressure.

He was 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 1, 3(4), 4(b)of POTA and Sections 3 & 4 of Explosive Substances Act. He was 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.

An appeal was made to the Delhi High Court but after going through the case and taking in consideration various authorities and precedents, the Court found that the conviction of Afzal Guru was safe and hence his appeal was dismissed.