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SC quashes Shaukat Guru's writ petition

New Delhi, Wed, 14 May 2008 NI Wire

Shaukat Hussain Guru, one of the convicts in the Parliament attack case met his ill-fate on Wednesday, when the Supreme Court quashed his writ petition challenging a ten years rigorous imprisonment.


A two-member Bench headed by Justice P P Naolekar said there was no reason to differ with our earlier verdict.

Strangely Shaukat filed petition challenging his conviction against 10 years imprisonment after the Supreme Court had rejected his review petition and later the curative petition.

The Bench said his writ petition raising the same point already argued in the review and curative petitions which were already heard by us.

Shaukat Hussain was found accused under Section 123 IPC of deliberately concealing information about criminal conspiracy from the police. Section 123 of Indian Penal Code (IPC) equates the concealing with intent to facilitate design to wage war.

However, his counsel Shanti Bhushan earlier during hearing contended that charges under this section were never framed against his client and never given an opportunity to defend himself on this point.

Section 39 of the CrPC (Criminal Procedure Code) states that, every person aware of the commission of, or intention of any other person to commit any offence punishable under any of the specified sections of the IPC is liable to inform to the nearest Magistrate or police officer of such commission or intention. The person can escape from this offence, only if he holds any solid reasonable excuses, which are: a) I had a reasonable excuse; b) I did inform; c) I did not conceal it intentionally.

The Counsel earlier had contended that Shaukat was found guilty of having information about criminal conspiracy, but did not inform the police deliberately. If he was given chance to defend himself, consequences could be different. The SC simply assumed that Shaukat had not informed.

The decision of Supreme Court comes a day after it had reserved the verdict for Wednesday.

Earlier the trial court had awarded capital punishment to Shaukat, which was also upheld by the Delhi High Court.

The capital punishment however was converted to 10 years RI, for deliberately concealing conspiracy to attack Parliament from police, by the Supreme Court in 2005, when it dropped all Prevention of Terrorism Act (POTA) charges against Shaukat. He was also fined Rs 25,000.

December 13, 2001

December 13, 2001 was the black day in the history of Indian Parliament when five gunmen successfully dosed the security men and infiltrated the Parliament House in a car with the tag of Home Ministry and Parliament stick on the car. Many Parliamentarians were present there at the time of incident.

The guards and the security men soon came into action after the terrorists opened fire. The exchange of firing took toll of five policemen, a Parliament security guard, and gardeners besides 18 others were injured. All the five gunmen were also gunned down.

The investigations later carried out by the Investigative Agencies blamed Lashkar-e-Toiba and the Jaish-e-Mohammad behind the conspiracy.

Mohammad Afzal alias Afzal Guru, the chief conspirator was convicted of conspiracy and was awarded death sentence by the Supreme Court of India in 2004. The sentence was to be carried out on 20 October 2006, but was stayed owing to clemency petition filed by him to the President. The then President Abdul Kalam though accepted the petition, but did not entertain it leaving the decision for the next President. The decision is still pending.

Another accused SAR Geelani, a Delhi University lecturer later in 2005 was given acquittal by the Supreme Court.


Read More: Delhi

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