SC reserves verdict on Shaukat Guru's plea

NEW DELHI: The Supreme Court rarely reviews its own judgments. It is still rare for it to entertain a curative plea against dismissal of a review petition. But probably for the first time, it entertained a writ petition despite dismissal of a curative plea. A bench headed by Justice P P Naolekar on Tuesday reserved its verdict on such a writ petition filed by Shaukat Hussain Guru, challenging the apex court's verdict awarding 10 years' prison term to him, finding him guilty of not telling the authorities about the conspiracy by terrorists to attack Parliament despite knowing about it. The trial court and the Delhi high court did not have even an iota of doubt about Guru's involvement in the terrorist attack conspiracy and awarded him death penalty. However, the apex court in its 2005 verdict had quashed Pota charges and consequently the death sentence imposed on him. However, it felt that he was guilty under section 123 of the IPC for not informing the authorities about a plot to attack Parliament, which was akin to waging war against the country, and awarded him 10 years' jail. The decision was challenged by Guru on the ground that the apex court came to its own conclusion without affording him an opportunity to defend himself against the charge under section 123 of the IPC. Senior advocate Shanti Bhushan argued that Guru, who had been acquitted of terror charges, had no opportunity to lead evidence in support of his innocence under the new charge, which was neither raised by the prosecution during trial nor before the HC or the apex court. It was unfortunate that he was convicted in violation of the constitutional mandate that no person would be convicted without being heard or be deprived of his fundamental rights without following due process of law, he argued. Opposing the plea, additional solicitor general Gopal Subramaniam argued that the petition was not maintainable as curative option had already been exhausted. Moreover, the courts under section 222 of the CrPC were empowered to convict an accused for a lesser offence, which was done by SC in Guru's case, he said.

23 Apr 2008, 0330 hrs IST , TNN
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