Afzal seeks to set aside SC judgement upholding his death sentence

New Delhi, Dec 13 (UNI) Mohd Afzal Guru, facing death sentence in the Parliament attack case, has approached the Supreme Court by way of curative petition, seeking to set aside the Court judgement dated August 4, 2005, upholding the death sentence awarded to him by the trial court.

The main ground for challenging the Supreme Court judgement taken by the petitioner is that he was not provided with the counsel of his choice at the state expenses and hence, the trial, the conviction and the sentence awarded to him stand vitiated.

The petitioner has pleaded that the denial of counsel of his choice to defend him has violated his Fundamental Rights under Article 21 and 22(1) read with Article 39-A of the Constitution of India leading to gross miscarriage of justice, warranting serious reconsideration by the Court.

Afzal has also appealed to the Court to stay the death sentence awarded to him till the final disposal of his curative petition.

The petitioner, referring to the Conventions of International Law, has contended that denial of free and fair trial to him is violative of the International Law Conventitions.

Afzal has also challenged the validity of the findings recorded by the Supreme Court observing that the accused can be provided with a counsel at state expenses but he cannot insist for the counsel of his choice if it is not willing and prepared to defend him.

The petitioner has sought to change amicus curaie, Neeraj Bansal, appointed by the trial court to defend him on the grounds that he was not satisfied with the performance of the amicus because of his ineffective defence.

Afzal also stated that his counsel refused to accept his brief as the fees paid to him by the state was very low and paltry. The fees paid to his counsel was Rs 600 per effective hearing subject to a maximum of Rs 3000 for sessions trial.

Afzal also pleaded to the Court to set aside its orders dated August 4, 2005 and September 22, 2005 dismissing his appeal and review petition respectively.

The curative petition was filed yesterday and is likely to come up for hearing in January next year.

Quoting the European Court of Human Rights, the petitioner has contended that the essence of legal aids does not end with nomination but extends to replace and substitute in case the lawyer is not able to fulfil his duties.

The mercy petition filed by Mohd Afzal as well as his wife are pending with the President of India and his hanging which was originally scheduled for October 20, 2006 has since been deferred till the final decision is taken by President APJ Abdul Kalam on the pending petitions.

UNI AKS/SC MS RP GC1648