New Delhi, Jun 12: The mercy petition of Pakistani terrorist Mohammed Arif alias Ashfaq convicted in the nearly 24-year-old Red Fort attack case has been rejected by President Droupadi Murmu, officials said on Wednesday.
This is the second mercy plea rejected by the President after assuming office on July 25, 2022.
The Supreme Court had dismissed a review petition by Arif on November 3, 2022, affirming the death penalty awarded to him in the case.
However, a death row convict can still knock on the doors of the top court seeking commutation of his sentence on the ground of prolonged delay under Article 32 of the Constitution, feel experts.
The mercy petition from Arif, received on May 15, was turned down on May 27, the officials said, quoting the President's secretariat order of May 29.
The Supreme Court, while upholding the death sentence, noted that there were no mitigating circumstances in Arif's favour and emphasised that the attack on the Red Fort posed a direct threat to country's unity, integrity, and sovereignty.
The attack, which took place on December 22, 2000, saw intruders opening fire at the 7 Rajputana Rifles unit stationed within the Red Fort premises, resulting in the deaths of three Army personnel.
Arif, a Pakistani national and a member of banned Lashkar-e-Taiba (LeT), was arrested by Delhi Police four days after the attack.
"Appellant-accused Mohd. Arif alias Ashfaq was a Pakistani national and had entered the Indian territory illegally," the top court's order of 2022 had said.
Arif was found guilty of conspiring with other militants to carry out the attack, with the trial court sentencing him to death in October 2005. The Delhi High Court and the Supreme Court upheld the decision in subsequent appeals.
The trial court had said that the conspiracy to attack the Red Fort was hatched at the house of two conspirators in Srinagar, where Arif had illegally entered in 1999 along with three other LeT militants.
The three militants -- Abu Shaad, Abu Bilal and Abu Haider -- who had also entered the monument, were killed in separate encounters.
Despite multiple legal challenges, including review and curative petitions, Arif's plea for mercy was rejected, highlighting the severity of the crime and the threat it posed to national security.
The Delhi High Court had confirmed the trial court's decision in September 2007. Arif then approached the Supreme Court challenging the high court's verdict. The top court had in August 2011 also sided with the order of awarding the death sentence awarded to him.
Later, his review petition came up before a two-judge bench of the apex court which dismissed it in August 2012. A curative petition was also rejected in January 2014.
Thereafter, Arif had filed a petition submitting that review petitions in matters arising out of award of death sentence be heard by a bench of three judges and in open court.
A constitution bench of the apex court had in its September 2014 judgement concluded that in all cases in which death sentence was awarded by the high court, such matters be listed before a bench of three judges.
Before the September 2014 verdict, the review and curative petitions of death row convicts were not heard in open courts but were decided in chamber proceedings by circulation.
In January 2016, a constitution bench had directed that Arif shall be entitled to seek re-opening of the dismissal of the review petitions for an open court hearing within one month.
The apex court had rejected the review petition in its verdict delivered on November 3, 2022.
This decision comes after President Murmu rejected another mercy petition last year in a separate case, demonstrating a firm stance on cases of heinous crimes.
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Thiruvananthapuram (PTI): Buoyed by the strong performance of the Congress-led UDF in the local body polls, KPCC president Sunny Joseph said on Saturday that the front's results indicated the people had rejected the LDF government.
According to early trends, the UDF was leading in more grama panchayats, block panchayats, municipalities and corporations than the LDF.
The local body polls were held in two phases in the state earlier this week.
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Speaking to reporters here, Joseph said the people of Kerala had extended their support to the UDF.
"We could expose the LDF government’s anti-people stance and the people understood it. The LDF’s fake propaganda was rejected by the people. The UDF is moving towards a historic victory," he said.
He said a united effort, proper preparations, good candidate selection and hard work had resulted in the Congress and the UDF’s victory in the elections.
Asked about the prospects in the Thiruvananthapuram Corporation, Joseph said the party was studying the matter and would comment later.
LDF convenor T P Ramakrishnan said the results would be closely examined.
According to him, the government had done everything possible for the people.
"Why such a verdict happened will be examined at the micro level. People’s opinion will be considered and further steps will be taken," he said.
He added that decisions would be taken after analysing the results. "If any corrective measures are required, we will initiate them and move forward," he said.
AICC leader K C Venugopal said the results showed that people had begun ousting those who, he alleged, were responsible for the loss of gold at Lord Ayyappa’s temple.
"This trend will continue in the Assembly elections as well. It is an indication that the people are ready to bring down the LDF government," he said.
Venugopal said the UDF had registered victories even in CPI(M) and LDF strongholds.
"I congratulate all UDF workers for their hard work. Congress workers and leaders worked unitedly," he said.
Referring to remarks made by Chief Minister Pinarayi Vijayan against the Congress on polling day, Venugopal said the voters had responded through the verdict.
"I do not know whether the chief minister understands that the people are against him. Otherwise, he does not know the sentiment of the people. The state government cannot move an inch further," he said.
He said the results indicated a strong comeback for the UDF in Kerala.
Asked whether the Sabarimala gold loss issue had affected the LDF in the local polls, Venugopal said the CM and the CPI(M) state secretary did not take the issue seriously.
"We took a strong stand on the matter. The BJP played a foul game in it," he alleged.
On the BJP's role in the local body elections, Venugopal alleged that the party operated with the CPI(M) 's tacit support.
"The CPI(M) supported the central government on issues such as PM-SHRI, labour codes and corruption in national highway construction. The CPI(M) is facing ideological decline, and the state government’s policies are against the party’s own decisions," he said.
Meanwhile, LDF ally Kerala Congress (M) leader Jose K Mani said the party could not win all the wards it had expected in the elections.
He congratulated winners from all parties and said the party would closely examine the losses and identify shortcomings. "Later, we will take corrective measures," he added.
Senior Congress leader and MP Rajmohan Unnithan said the trends in the local body elections indicated that the UDF would return to power in the 2026 Assembly elections.
"We will win 111 seats as in 1977 and return to power in 2026. The anti-government sentiment of the people is reflected in the elections," he said.
Unnithan said the people were disturbed and unhappy with the present government.
"The trend indicates the end of the LDF government," he added.
CPI(M) MLA M M Mani said the people had shown ingratitude towards the LDF despite benefiting from welfare schemes.
"After receiving all welfare schemes and living comfortably, people voted against us due to some temporary sentiments. Is that not ingratitude," he asked.
Mani said no such welfare initiatives had taken place in Kerala earlier.
"People are receiving pensions and have enough to eat. Even after getting all this, they voted against us. This is what can be called ingratitude," he said.
Muslim League state president Panakkad Sayyid Sadiq Ali Shihab Thangal said the results were beyond expectations.
"The outcome points towards the Secretariat in Thiruvananthapuram, indicating that a change of government is imminent. We are going to win the Assembly election," he said.
