Supreme Court Seeks Delhi Government's Response in Red Fort Attack Terrorist's Death Penalty Plea

In a move that has certainly drawn attention across legal circles, the Supreme Court of India has formally issued a notice to the Delhi government. The crux of the matter? It’s a plea from none other than Mohammad Arif, also known as Ashfaq, a Lashkar-e-Taiba terrorist who was convicted for the devastating Red Fort attack back in 2000. He's challenging the death penalty that currently hangs over him.

It’s a long and rather complex legal saga, truly. For those who might not recall, the horrific Red Fort attack in December 2000 claimed three lives, including two brave Indian Army personnel. Mohammad Arif was ultimately found guilty of orchestrating this heinous act, a judgment that led to his death sentence. What makes this recent development so remarkable, however, is the Supreme Court's decision to revisit its own previous ruling.

You see, the legal journey for Arif has been protracted, stretching over two decades. His death sentence, initially handed down by the trial court, was subsequently confirmed by the Delhi High Court in 2007. The Supreme Court itself upheld this conviction and sentence not once, but twice, first in 2011 and then again as recently as November 3, 2022, following a review petition. The 2022 decision, delivered by a bench led by the then Chief Justice of India U.U. Lalit, had seemingly sealed his fate.

But the wheels of justice, particularly in matters of life and death, can turn in unexpected ways. Despite these prior affirmations, the Supreme Court has now, in a truly unusual step, agreed to reconsider its own judgment from November 2022. This kind of reconsideration, especially after a review petition has already been heard and decided, is quite rare in India's legal landscape and underscores the immense gravity with which the judiciary approaches capital punishment cases.

The current bench, comprising Justices B.R. Gavai and Sandeep Mehta, heard the submissions from Senior Advocate Jayant Bhushan, who is representing Arif. Bhushan meticulously argued for this reconsideration, emphasizing the need for the State to formally respond. And so, the notice has been served, requiring the Delhi government to present its arguments and position on Arif's plea. This means the government will now have to officially respond to the points raised by Arif’s counsel against the death penalty.

It’s a stark reminder, I think, of the meticulous, often agonizing, scrutiny applied to death penalty cases. Even after numerous appeals and reviews, the courts, in exceptional circumstances, may still opt to take another look. This process, while lengthy, reflects the justice system's deep commitment to ensuring every possible legal avenue is explored before a final, irreversible decision is made. What the Delhi government's response will bring to the table, and how the Supreme Court ultimately proceeds, remains to be seen, but it's certainly a case to watch.