SHAUKAT HUSSAIN GURU Vs. STATE NCT DELHI

JUDGEMENT

(1.) Close to noon on 13.12.2001, five heavily armed persons entered the Parliament House Complex and inflicted heavy casualties on the security men on duty. In the gun battle which took place in the Parliament House Complex, the five terrorists who stormed the Complex were killed. Nine persons including eight security personnel and one gardener succumbed to the bullets of the terrorists and 16 persons including 13 security men received injuries. The Investigating Agency took up investigation which revealed possible involvement of the four accused persons, namely, Mohd. Afzal, Shaukat Hussain Guru, S.A.R. Gilani and Navjot Sandhu alias Afsan Guru along with some other proclaimed offenders said to be the leaders of the banned organization known as Jaish-e-Mohammed. The four accused persons were charged of different offences.

(2.) The petitioner was charged under the following sections of the Prevention of Terrorism Act (POTA), the Indian Penal Code (IPC) and the Explosive Substances Act:

(3.) The accused persons were tried by the Designated Special Court on the charges framed. After the conclusion of the trial, the Designated Court convicted three accused, namely, Mohd. Afzal, Shaukat Hussain Guru and S.A.R. Gilani for the offences under Sections 121, 121A, 122, Section 120B read with Sections 302 and 307 read with Section 120B, IPC, sub-sections (2), (3) and (5) of Section 3 and Section 4(b), POTA and Sections 3 and 4 of the Explosive Substances Act. Accused Nos. 1 and 2 were also convicted under Sections 3(4), POTA. The other accused Navjot Sandhu alias Afsan Guru was acquitted of all the charges except the one under Section 123, IPC. The other three accused were awarded the death sentence under Section 302 read with Section 120B, IPC and Section 3(2), POTA. They were also sentenced to life imprisonment on as many as eight counts under the provisions of IPC, POTA and the Explosive Substances Act in addition to varying amounts of fine.