Case Summary : STATE (NCT OF DELHI) VS. NAVJOT SANDHU

CITATION- AIR 2005 SC 3820

BENCH- P. Venkatarama Reddi, P.P. Naolekar, JJ.

FACTS-

• On 13 December 2001, five heavily armed persons entered the premises of Parliament House complex for carrying a very deadly attack. They were on a white Ambassador car and had automatic assault rifles, pistols, hand & rifle grenades, electronic detonators, explosives in the form of IEDs i.e.; Tiffin bombs and sophisticated bomb in boot of a car.
• They started firing and the gun battle between the terrorists and security guards lasted for half an hour which led to death of all five terrorists and 9 persons including 8 security personnel’s & 1 gardener. It also led to injury of 16 persons.
• Jaish-E-Mohammed, one of the banned terrorist organizations claimed the responsibility of the act.
• Investigation which went for 17 days led to arrest of 4 accused which were behind the attack and they were Mohd. Afzal, Shaukat Hussain, S.A.R. Gelani & Afsan Guru (Navjot Sandu). Afzal and Hussain were arrested from Srinagar & ₹10 Lakh and a laptop were recovered from them in a truck.
• Mohd. Afsal Guru identified the bodies of five deceased terrorists as Mohammad, Raja, Haider, Rana & Hamza.
• All the accused were framed under sections of IPC, Prevention of Terrorism Act, 2002 and Explosive Substances Act by  special court. The trial went for six months & 80 witnesses were examined by prosecution and 10 witnesses by defense.

ISSUES INVOLVED-

• The voluntariness and reliability of confession made by accused to the police.
• Whether the electronic records which were produced by prosecution were credible
• A lot of controversy took place during the time of hanging of Afsal Guru.

JUDGEMENT OF SPECIAL COURT

• The three accused namely Mohd. Afzal, Shaukat Hussain & S.A.R. Gilani were convicted for the charges imposed under IPC & ESA. Mohd Afzal & Shaukat Hussain were also charged under POTA. Afsan Guru (Navjot Sandhu) was convicted under S.123 IPC.
• Mohd. Afsal, Shaukat & Gelani were given death sentences U/S. 302 IPC R/W S.120-B & S. 3(2) POTA.

DECISION OF DIVISION BENCH OF HIGH COURT.

• Upon filing an appeal by accused against the verdict of the special court in the High Court, appeals of Mohd. Afzal Guru & Shaukat Hussain were dismissed and death sentence was confirmed for both of them.
• High Court allowed the appeals of other two accused i.e; S,A.R Gelani & Afsan Guru.

DECISION OF SUPREME COURT-

• Supreme Court bench of R.M. Lodha, Kurian Joseph & R.F. Nariman JJ.,  dismissed appeal filed by Mohd. Afzal & death sentence was confirmed for him. Appeal of Shaukat was allowed partly & SC made him convicted U/S. 123 IPC & sentenced him for 10 Years with fine of 25,ooo.
• The appeals filed by state against against the acquittal of S.A.R Gelani & Afsan Guru were dismissed & court decided upon the admissibility of secondary evidence pertaining to electronic evidence.

Upon rejection of mercy petition of  Mohd. Afsal Guru by President, on 9^th February 2013 he was hanged to death. The  execution of Mohd. Afsal Guru was named as Operation Three Star.