The Supreme Court Monday stayed the execution of Lashkar-e-Toiba terrorist Mohd. Arif in the 2000 Red Fort attack case in which three people, including two Army jawans, were killed. A bench led by Chief Justice R M Lodha also referred the petition by Pakistani national Arif alias Ashfaq to the constitution bench to decide whether a person can suffer two alternate sentences consecutively and whether a higher punishment could be awarded after suffering a protracted jail term. Ashfaq’s counsel Tripurari Ray sought his release on the ground that he has spent 13 years behind bars and should not be hanged after such a long period. He submitted that execution of his death sentence would amount to punishing him twice for the crime as he has already spent over 13 years in jail, which is nearly equivalent to life imprisonment suffered by a convict before he is entitled to remission. The petition also said that he has been suffering from physical and mental illness due to the long delay in judicial proceedings as also on the part of the government in executing the sentence. Ashfaq was handed the death penalty by a trial court in 2005. The SC in September 2011 dismissed Ashfaq’s appeal challenging the death sentence awarded by the sessions court and confirmed by the Delhi High Court. Ashfaq was held to be one of the six terrorists who had sneaked into the 17th century monument and opened indiscriminate fire on the guards of the seventh battalion of Rajputana Rifles, killing three including a civilian. He had challenged the high court’s judgment, which had upheld the death penalty, but had acquitted six others sentenced for varying jail terms. It had reversed the trial court findings against the six convicts including Srinagar-based father-and-son duo Nazir Ahmed Qasid and Farooq Ahmed Qasid, who were sentenced to life imprisonment, and Ashfaq’s Indian wife Rehamana Yosuf Farooqui. She was given a seven-year jail term.
