New Delhi: The Supreme Court on Thursday agreed to hear the curative petition filed by Lashkar-e-Taiba (LeT) terrorist Mohammad Arif, challenging the death sentence awarded to him in the 2000 Red Fort terror attack that claimed the lives of three Indian Army jawans.
A special Bench comprising Chief Justice of India Surya Kant and Justices Vikram Nath and J.K. Maheshwari issued notice after hearing submissions from Arif’s counsel, who cited several Supreme Court judgments delivered after the apex court had earlier upheld his death sentence.
Mohammad Arif, also known as Ashfaq, was awarded the death penalty by a trial court in October 2005 for his role in the attack. The Delhi High Court upheld the sentence in September 2007. Arif subsequently approached the Supreme Court, which confirmed the death sentence in August 2011. His review petition was later dismissed by the apex court on November 3, 2022.
The curative petition represents the final legal remedy available to a convict after both the appeal and review petition have been rejected by the Supreme Court. Such petitions are heard only in rare cases where gross miscarriage of justice is alleged.
According to the prosecution, on the night of December 22, 2000, heavily armed intruders entered the Red Fort complex, where the 7 Rajputana Rifles unit of the Indian Army was stationed, and opened indiscriminate fire. The attack resulted in the death of three Army personnel and was described as a major security breach at the historic site.
With the Supreme Court agreeing to examine the curative plea, the matter will now undergo another round of judicial scrutiny, though the scope of such proceedings remains extremely limited under established legal principles.
