Earlier, counsel for Delhi police justified the sentence awarded to the petitioner for an offence under IPC Section 123 (a) and told the bench headed by Justice PP Naolekar that the petitioner had information about the criminal conspiracy but did not inform the police deliberately. Delhi police also contended that the issues raised by the petitioner in the present writ petition have already been considered by this court and his appeal, review petition and curative petition have been dismissed by it.
Shaukat Hussain is challenging his conviction and sentence on the grounds that the charges under IPC Section 123 (a) were never framed against him and he was never given an opportunity to defend himself on this point.
Shaukat Hussain was awarded capital punishment in the case which was later confirmed by Delhi High Court. The Supreme Court, however, reduced his sentence to ten years and acquitted him of the charge of criminal conspiracy in the case.
Afzal Guru is facing death sentence in the case and his mercy petition is pending before President of India. In all nine people and five terrorists who attacked the Parliament on December 13, 2001, were killed.