Red Fort attack case: SC to hear review plea of death row convict in open court

• The Supreme Court allowed the review petition of death row convict Mohammad Arif to be heard in an open court.

• Arif was sentenced to death for his role in the December 2000 Red Fort terror attack killing 3 people. 

• A Constitution bench headed by Chief Justice T S Thakur modified the apex court’s verdict , It  said that in cases where the execution of a convict is pending, but review petitions are dismissed in chamber, an open hearing could take place.

• Arif had submitted that his case fell in a solitary category as both his review and curative petitions were dismissed before the apex court came out with the crucial verdict in September 2014. 

• The court, through this judgement, introduced many changes to the norms governing appeals in death sentence cases. One such change was to do away with chamber hearings and instead decide appeals by a three-judge bench in an open court.

• In 2011, the Supreme Court had upheld Arif’s death sentence. However, in April 2014 the apex court stayed Arif’s execution in the case.

• The court noted that Arif’s case was unique as both his review and curative petitions had been dismissed before the court’s 2014 verdict.

  Why is it Unique?

  The Supreme court stayed the execution of Mohd Arif.

  Arif claimed that because he had already spent over 13 years imprisoned, he should no longer be hanged because of the belief that a death sentence would be equal to punishing him twice.

  His petition also stated that he was facing physical and mental illness due to the long judicial process.

       What does the rules say?

Review petition:

• In India, a binding decision of the Supreme Court/High Court can be reviewed in Review Petition.

• The parties aggrieved on any order of the Supreme Court on any apparent error can file a review petition.

• Article 137 of the Constitution provides that subject to provisions of any law and rule made under Article 145 the Supreme Court of India has the power to review any judgement pronounced (or order made) by it.

• Such a petition needs to be filed within 30 days from the date of judgement or order.

Curative Petition:

• Even after dismissal of a review petition, the SC may consider a curative petition in order to prevent abuse of its process and to cure gross miscarriage of justice.

• In the Curative petition, the petitioner is required to aver specifically that the grounds mentioned therein had been taken in the review petition filed earlier and that it was dismissed by circulation.

• This has to be certified by a senior advocate.

• The Curative petition is then circulated to the three senior most judges and the judges who delivered the impugned judgement, if available.

• No time limit is given for filing Curative petition.

• If the majority of the judges on the above bench agree that the matter needs hearing,then it would be sent to the same bench (as far as possible).

• The court could impose “exemplary costs” to the petitioner if his plea lacks merit.

Background:

On 22 December 2000, a terrorist attack took place on Red Fort in Delhi, India. It was carried out by Pakistani terrorist groupLashkar-e-Toiba.

It killed two soldiers and one civilian, in what was described in the media as an attempt to derail the India-Pakistan peace talks.

The attack on Red Fort is believed to have been orchestrated by Mohd. Arif, a Lashkar-e-Taiba militant. Arif was given the death penalty by a local court, and a Delhi high court confirmed his death sentence in 2007.