New Delhi, May 14 (UNI) The Supreme Court today dismissed a writ petition filed by Parliament attack case convict Shaukat Hussain Guru, challenging his ten years imprisonment under Section 123 A of IPC (witholding information of criminal conspiracy from police).
A bench comprising Justices P P Naolekar and V S Sirpurkar dismissed the petition saying, ''We find no reason to interfere with the earlier judgements of this court which have already attained finality.'' Senior counsel Shanti Bhushan, appearing for Shaukat, contended before the court that during the trial his client was never charged with the offence under section 123 A of IPC and never got an opportunity to defend himself against the charge. Therefore, his conviction without affording an opportunity to defend himself amounts to illegal detention and violation of his fundamental human rights and right to liberty, Mr Bhushan added.
Additional Solicitor General Gopal Subramaniam appearing for the state, however, justified the conviction of the petitioner contending that he deliberately withheld the information from the authorities regarding the criminal consiracy of attacking Parliament which resulted in the death of 14 persons, including nine policemen and five terrorists on December 13, 2001.
Shaukat was awarded the sentence by a trial court which was upheld by the Delhi High Court.
The apex court, however, reduced the sentence from death to ten years rigorous imprisionment.
The apex court absolved him of the charges of the criminal conspiracy. His review petition and curative petition have already been dismissed by the Supreme Court in which the same issue was raised.
The apex court had earlier issued notices on his petition to the Delhi government giving him another opportunity to challenge his conviction and sentence.
UNI SC LPB RP VC1552