• Know how the case moved between courts such that the Pakistani responsible for the 2000 Red Fort attack is still being fed on Tax Payer’s money! Should there be different laws and time frames for non-Indian terrorists?

A retired Lt Colonel sent me a picture of a newspaper report about the legal proceedings against a Pakistani who is yet to be sent to the gallows even 23 plus  years after he killed 3 personnel of the Indian Army. 

What sort of judicial and governance system does India have that man responsible for killing 3 faujis is still not sent to the gallows?

Here is the year-wise sequence of key events as taken from an Indian Express article. Author claims no credit, copyright Express.

1. On December 22, 2000, intruders opened fire at the 7 Rajputana Rifles unit stationed within the Red Fort premises. Result death of three Army personnel.

2. M Arif, a Pakistani national, was arrested by Delhi Police four days later

3. The Trial Court trial court sentenced him to death in October 2005.

4. The Delhi High Court confirmed the trial court’s decision in September 2007. 5. Arif then approached the SC, challenging the High Court ruling. In August 2011, the Supreme Court upheld the death sentence.

6. Later, his review petition came up before a two-judge bench of the SC which dismissed it in August 2012.

7. A curative petition was also rejected in January 2014.

8. “Thereafter, Arif filed a petition submitting that review petitions in matters arising out of award of death sentence be heard by a bench of three judges and in open court.” Because a “Constitution Bench of the SC had, in a September 2014 judgment, concluded that in all cases in which death sentence was awarded by the High Court, such matters be listed before a bench of three judges.”

9. “In January 2016, a Constitution Bench said that Arif will be entitled to seek re-opening of the dismissal of the review petitions for an open court hearing within one month.”

10. On November 3, 2022, SC rejected the review petition.

11. President D Murmu received his review petition in May 2024 and rejected it within weeks.

He is currently lodged in Tihar Security.

Summary of Key Dates

1. Killed 3 Indian Army personnel in December 2000.

2. Trial Court prescribed death sentence in October 2005.

3. Delhi HC confirmed order in September 2007 and SC in August 2012 (5 years post High Court order).

4. In November 2022 SC rejected his review petition. (15 years after Delhi HC order)

5. In May 2024, President rejected his mercy petition within weeks of receiving it.

Food for Thought

1. Does it take 23 plus years to hang a person convicted of killing 3 IA personnel?

2. What message are we giving to those protecting the country? Do we value their lives?

3. What sort of judicial system does India have that it takes 23 years to send to the gallows, a man convicted in year 5?

4. Who is going to accept responsibility of this delay? The Higher Judiciary or the Executive!

5. Why should a foreign national be allowed the facility of a 3 judge bench review petition and mercy petition to the President?

The primary responsibility of the judiciary is to administer timely justice and not run the country or democraticise its working! Is the Constitution going to rap the Higher Judiciary?

The system can tell soldiers we value their contributions and life by ensuring speedy justice in such cases.  

Also read

1. Hindustan Times Report on M Ashraf and his delaying tactics  

2. It took the SC five years to order demolition of a illegal mosque on the Allahabad High Court premises

3. SC raps ED over delay in Chhattisgarh Nagrik Apurti Nigam scam probe