New Delhi, Dec 27:The Supreme Court will hear on January 4 a petition filed by Shaukat Hussain Guru, serving ten-year imprisonment in the Parliament attack case, challenging his conviction and sentence in the case.
A bench headed by Justice P P Naolekar had earlier issued a notice to the CBI and the Delhi Government on a petition filed by Shaukat Guru challenging his conviction under section 153A IPC ( spreading hatred against the governent duly established by law) as charges were never framed against him under the section and he never got an opportunity to defend himself so far as an offence under section 153 A is concerned. Senior counsel Shanti Bhushan, appearing for the petitioner, had contended that liberty of a person cannot be taken away without giving him or her ample opportunity to defend himself or herself as personal liberty was not only the most important fundamental right but curtailment of an individual in such a manner also amounted to violation of human rights.
Shaukat Guru was given the death sentence by the trial court along with Mohammed Afzal Guru for conspiring to attack Parliament on December 13,2001. Shaukat Guru's sentence was commuted to ten-year imprisonment after the apex court held that he was not involved in the conspiracy.
A mercy petition of Afzal Guru, whose death sentence has already been confirmed by the apex court, is already pending before the President.
The apex court has already dismissed the appeal of Shaukat Guru. His review petition as well as curative petitions have also been dismissed by the highest court of the country after rejecting his contentions raised in the present petitions.
The UPA government at the Centre has been under fire for deferring the execution of Afzal Guru. Other judge on the bench to hear the petition is Justice Lokeshwar Singh Panta. Nine people, including five policemen and all attackers, were killed in the attack.