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SC affirms death penalty in Red Fort attack case

The suggestion that there is a possibility of retribution and rehabilitation, is not made out from and supported by any material on record,” the bench said in its order.

Shruti Kakkar

NEW DELHI: The Supreme Court on Thursday affirmed the death penalty of LeT terrorist Mohammad Arif alias Ashfaq in the 2000 Red Fort attack case in which three persons, including two Army jawans, were killed.

A bench of Chief Justice U U Lalit and judges S R Bhat and Bela M Trivedi rejected the review petition against top court’s 2011 ruling, saying the aggravating circumstances evident from the record and the fact that there was a direct attack on the unity, integrity and sovereignty of India, completely outweigh any other factors in favour of Arif.

“There is nothing on record which can be taken to be a mitigating circumstance in favour of the review petitioner. The suggestion that there is a possibility of retribution and rehabilitation, is not made out from and supported by any material on record,” the bench said in its order.

In his plea, Arif had contended the courts had not considered any possibility of retribution and rehabilitation or that he would continue to be a threat to the society. Arif was arrested for the attack on December 22, 2000 under various provisions of IPC, Arms Act, 1959, Foreigners Act, 1946 and Explosive Substances Act, 1908. He was convicted by the trial court in 2005.

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