2000 Red Fort attack: SC affirms death penalty for Lashkar terrorist Mohd Arif alias Ashfaq, dismisses review petition

The Supreme Court on Thursday dismissed the review petition of Lashkar-e-Toiba militant Mohammad Arif alias Ashfaq, who has been awarded death penalty in the 2000 Red Fort attack case which resulted in the death of three persons, including two Army officers. 

“We have accepted the prayers that electronic records must be eschewed from consideration. However, having regard to the entirety of the matter, his guilt is proved. We affirm the view taken by this court and reject the review petition,” Live Law quoted Chief Justice of India UU Lalit as pronouncing in the judgment. 

On December 22, 2000, some intruders started indiscriminate firing and gunned down three persons, including two Army officers. Mohammad Arif, a Pakistani national, was arrested on December 25, 2000 in this case. He was convicted by the trial court on October 24, 2005, and awarded death sentence on October 31, 2005.

In September 2007, the Delhi High Court upheld the death sentence to Ashfaq, saying terrorists who have no value for human lives deserved capital punishment.

The high court, however, acquitted six others including Ashfaq's wife Farooqui, citing lack of sufficient evidence against them.

The Supreme Court in August 2011 upheld Ashfaq's death sentence, saying the "arrogant" assault was a "brazen attempt" by Pakistan "to overawe" India and wage war against it. Later, it also dismissed the review as well as the curative petition of Ashfaq in the case.

However, the Pakistani terrorist moved again the apex court seeking reconsideration of his review plea on the ground that a constitution bench had held that the review plea of a death row convict has to be heard in an open court by a three-judge bench.

Agreeing with the contention, the top court stayed his conviction and decided on January 19, 2016 that his review plea would be heard in open court.