Why in News ?
According to Rashtrapati Bhavan, the mercy petition of Arif, received on May 15, was turned down on May 27.
Today ‘s News ?
President Droupadi Murmu has turned down the mercy petition of Mohammed Arif alias Ashfaq, a Pakistani national and a member of the Lashkar-e-Taiba who was sentenced to death in the December 2000 Red Fort attack in which three Army personnel were killed.
This is the second mercy plea rejected by President Murmu after she assumed office on July 25, 2022. In April 2023, the President rejected the mercy plea of Vasant Sampat Dupare, convicted of raping and killing a four-year-old in Nagpur.
In Arif’s case, the Supreme Court had dismissed his review petition on November 3, 2022, affirming the death penalty awarded to him.
The apex court, while upholding the death sentence, noted that there were no mitigating circumstances in his favour and that the attack posed a direct threat to the country’s unity, integrity and sovereignty.
The attack, which took place on December 22, 2000, saw intruders opening fire at the 7 Rajputana Rifles unit stationed within the Red Fort premises, resulting in the death of three Army personnel.
Arif was arrested by Delhi Police four days later.
“Appellant-accused Mohd. Arif alias Ashfaq was a Pakistani national and had entered the Indian territory illegally,” the Supreme Court said in its order.
Arif was found guilty of conspiring with other militants to carry out the attack, and the trial court sentenced him to death in October 2005. The Delhi High Court and the Supreme Court upheld the decision in subsequent appeals.
The trial court had said that the conspiracy to attack the Red Fort was hatched at the house of two conspirators in Srinagar, where Arif had illegally entered in 1999 along with three other LeT militants. The other three – Abu Shaad, Abu Bilal and Abu Haider – were killed in separate encounters.
The Delhi High Court confirmed the trial court’s decision in September 2007. Arif then approached the Supreme Court, challenging the High Court ruling. In August 2011, the Supreme Court upheld the death sentence.
Later, his review petition came up before a two-judge bench of the apex court which dismissed it in August 2012. A curative petition was also rejected in January 2014.
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.
A Constitution Bench of the Supreme Court had, in a September 2014 judgement, 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.
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.
On November 3, 2022, the apex court rejected the review petition.