Supreme Court Takes Up Curative Plea of LeT Terrorist in Landmark Red Fort Attack Case
In a significant legal development, the Supreme Court of India on Thursday agreed to examine the curative petition filed by Mohammad Arif, a Lashkar-e-Taiba (LeT) operative who was sentenced to death for his pivotal role in the devastating 2000 Red Fort terror attack. This brutal assault resulted in the tragic deaths of three valiant Indian Army soldiers, sending shockwaves across the nation.
Judicial Bench Issues Notice in Final Legal Remedy
A special bench, presided over by Chief Justice Surya Kant and comprising Justices Vikram Nath and JK Maheshwari, formally issued notice to the Delhi government after considering submissions that referenced subsequent Supreme Court judgments. These rulings were delivered after Arif's initial appeal and review petition had been conclusively dismissed by the apex court.
"Issue notice," declared Chief Justice Surya Kant, thereby setting the judicial stage for the consideration of this curative plea. This legal mechanism represents the ultimate judicial recourse available to a convict after their conviction and sentence have been firmly upheld by the Supreme Court itself.
Long Judicial Journey: From Trial Court to Curative Petition
The judicial proceedings against Mohammad Arif, who is also known as Ashfaq, have traversed a lengthy and arduous path:
- He was initially awarded the death penalty by a trial court in October 2005.
- The Delhi High Court subsequently upheld this severe sentence in September 2007.
- Arif then challenged the verdict before the Supreme Court, which in August 2011 affirmed the death sentence, thereby concluding the ordinary appellate process.
- Following the dismissal of his review petition on November 3, 2022, the curative plea now stands as his final remaining hope within the judicial system.
Understanding the Nature of a Curative Petition
A curative petition is an extraordinary legal remedy that has been evolved by the Supreme Court specifically to prevent any potential miscarriage of justice. It is crucial to note that such petitions are entertained only under exceptionally rare circumstances.
- Typically, a petitioner must demonstrate gross procedural error or a clear violation of the principles of natural justice in the earlier judgments.
- These petitions are heard by the senior-most judges of the court and are subjected to a stringent and rigorous threshold before being admitted for detailed and thorough consideration.
The Horrific 2000 Red Fort Terror Attack: A National Tragedy
According to the detailed prosecution case, on the fateful night of December 22, 2000, armed intruders clandestinely entered the Red Fort complex in Delhi. They specifically targeted the area where soldiers of the 7 Rajputana Rifles unit of the Indian Army were stationed.
The assailants unleashed indiscriminate gunfire, brutally killing three courageous Army jawans. This heinous attack, executed at one of India's most iconic historical sites and a highly security-sensitive location, triggered widespread national outrage. It led to an extensive and prolonged investigation, which ultimately culminated in the conviction of Mohammad Arif for his central role in this terror plot.
