SC Affirms Death Penalty For LeT Militant In 2000 Red Fort Attack Case And Dismisses Review Petition
SC Affirms Death Penalty for LeT Militant in 2000 Red Fort Attack Case and Dismisses Review Petition
1. Background of the Case
The 2000 Red Fort attack was a terrorist incident carried out by militants of the Lashkar-e-Taiba (LeT).
The attack involved firing at the Red Fort complex in Delhi, targeting security personnel and civilians, aiming to create terror and challenge the sovereignty of India.
The accused was charged with terrorism-related offences under various provisions, including the Unlawful Activities Prevention Act (UAPA), the Indian Penal Code (IPC), and other relevant laws.
The trial court convicted the accused and awarded the death penalty for his role in the attack.
The conviction and sentence were upheld by the High Court.
The accused filed a review petition in the Supreme Court, seeking to overturn the death sentence.
2. Supreme Court’s Rationale for Affirming Death Penalty
The Court reiterated the gravity of the offence, emphasizing that terrorist acts targeting national monuments and public safety strike at the very foundation of the State and society.
The Court applied the “rarest of rare” doctrine to justify the imposition of the death penalty.
The following factors weighed heavily:
The accused’s active involvement in a premeditated terror attack.
The loss of innocent lives and injury to security forces.
The intent to create widespread fear and threaten national security.
The Court also noted that the accused showed no remorse and the evidence against him was overwhelming and unimpeachable.
The SC held that the death sentence was warranted and justified under the circumstances.
3. Dismissal of Review Petition
The review petition was filed challenging the Supreme Court’s earlier judgment.
The SC dismissed the review petition, observing that:
There was no error apparent on the face of the record.
The earlier judgment was based on comprehensive consideration of facts and law.
No new material or ground was presented that could justify reconsideration.
The dismissal reinforced the finality of the death penalty sentence.
4. Legal Principles and Case Laws
A. “Rarest of Rare” Doctrine — Bachan Singh vs State of Punjab, AIR 1980 SC 898
The SC formulated the principle that death penalty should be imposed only in the “rarest of rare” cases where the alternative option of life imprisonment is unquestionably foreclosed.
Terrorism cases involving mass loss of life generally fall under this category.
B. State of Rajasthan vs Kashi Ram, (2006) 12 SCC 254
Reaffirmed that death penalty is appropriate for crimes that shock the conscience of society.
C. Union of India vs Tulsiram Patel, AIR 1985 SC 1416
Highlighted the need for judicial caution and circumspection before imposing death penalty.
D. Machhi Singh vs State of Punjab, AIR 1983 SC 957
Stressed that death sentence should be imposed with reference to the circumstances of the crime and the criminal.
E. Ajmal Kasab Case (2012)
Supreme Court upheld the death penalty for terrorist Ajmal Kasab involved in 2008 Mumbai attacks.
Parallels can be drawn regarding the approach towards terrorist acts threatening national security.
5. Significance of the SC Judgment
The SC’s affirmation sends a strong deterrent message against terrorism.
Reinforces the commitment of Indian judiciary to uphold national security and public order.
Clarifies that acts of terrorism targeting national monuments and civilians will attract the harshest penalties.
Emphasizes that the review jurisdiction cannot be used to re-argue settled issues or seek re-litigation without valid grounds.
6. Summary Table
| Aspect | Explanation |
|---|---|
| Offence | Terrorist attack on Red Fort by LeT militant |
| Charges | UAPA, IPC Sections related to terrorism |
| Trial Outcome | Death penalty awarded by Trial & High Court |
| SC Ruling | Affirmed death penalty; upheld conviction |
| Review Petition | Dismissed for lack of merit and fresh grounds |
| Key Legal Doctrine | “Rarest of rare” — Bachan Singh case |
| Deterrent Message | Strong stance against terrorism and anti-national activities |
7. Conclusion
The Supreme Court’s decision to affirm the death penalty for the LeT militant involved in the 2000 Red Fort attack underscores the judiciary’s firm stance against terrorism. Applying the “rarest of rare” doctrine, the Court balanced the rights of the accused with the need for deterrence and protection of society. The dismissal of the review petition further cements the finality of the verdict, reinforcing the principle that such grave crimes attract the most severe punishments under Indian law.
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