Red Fort case: Death for one, lifer for two

A Delhi court today handed out a death sentence to Pakistan-based Lashkar-e-Toiba militant Mohammad Arif, alias Ashfaq, for the December 200...

A Delhi court today handed out a death sentence to Pakistan-based Lashkar-e-Toiba militant Mohammad Arif, alias Ashfaq, for the December 2000 Red Fort attack.

Bringing the curtains down on the case, Additional Sessions Judge O P Saini said: “…I direct that he (Ashfaq) shall be hanged by the neck till he is dead.” Ashfaq was fined Rs 4.35 lakh under various sections of the Indian Penal Code for waging war against the Government of India. Two Rajputana Rifles jawans and a civilian were killed in the attack.

Nazir Ahmed Qasid and his son, Farooq Ahmed Qasid, have been sentenced to life imprisonment and fined Rs 1 lakh. The father-son duo were found guilty of criminal conspiracy. Ashfaq’s wife, Rehmana Yusuf Farooqi, has been sentenced to seven years’ rigorous imprisonment for sheltering her husband “before and after the incident”.

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The court said “the offences were committed on account of her non-disclosure of the designs of Mohammad Arif” and directed Farooqi to pay a Rs 20,000 fine. Justice Saini also sentenced Babar Mohsin Baghwala, Sadaqat Ali and Matloob Alam to seven years’ imprisonment for their complicity in the attack.

Sentencing Ashfaq to death, the judge said: “This is a case where life imprisonment would be inadequate and ends of justice would be served only by awarding the death sentence.”

The LeT militant was sentenced to death under Section 121 (waging war against the country) and Section 302 (murder). He was also sentenced to life imprisonment under the Explosives Substances Act, 10 years’ rigorous imprisonment for conspiracy to wage war and seven years each for cheating and forgery. He was also handed a five-year jail term under the Foreigners’ Act.

Terming the crime as the “rarest of rare”, Justice Saini said: “…such dastardly acts are being committed with increased frequency these days, in which many people are being killed with impunity… This needs to be curbed with a heavy hand. Death sentence is one such deterrent measure”.

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The judgment was delivered an hour behind schedule in a packed courtroom amid unprecedented security—a result of Saturday’s blasts in Delhi.

Chronology Of Events

		• December 22, 2000: Two Lashkar-e-Toiba militants sneak into Red Fort and open fire on guards of the Seventh Battalion of Rajputana Rifles killing two jawans and one civilian. • December 26, 2000: Pakistani LeT militant Mohammad Arif alias Ashfaq and wife Rehmana Yusuf Farooqui arrested. • Two LeT milltants allegedly involved in the attack, Abu Shyamal and Abu Sufian, killed in encounter in Okhla in South Delhi and Srinagar respectively. • Accused Abu Sufian, another Pakistani national and LeT’s Srinagar ‘Commander’, killed in Srinagar. • February 20, 2001: Delhi Police files chargesheet against Ashfaq and 21 others. • March 25, 2001 : Delhi Police file supplementary chargesheet. • September 11, 2001: Trial of 11 accused begins. • May 10 2002: Accused Abu Bilal, a ‘district commander’ of LeT killed in Delhi’s Nizamuddin area. • December 4, 2002: Court frames charges against Ashfaq and ten others • September 26, 2003: The Delhi High Court orders day-to-day trial • October 31, 2003: Revised charges framed on HC directions • September 27, 2004: HC dismisses a revision petition by four accused – R K Malhotra, Moolchand Sharma, Saqdaqat Ali and Baba Mohsin Baghwala • October 29, 2004: Prosecution evidence closed after 235 witnesses examined. • February 2, 2005: Recording of defence evidence begins. • February 11, 2005: Defence evidence concludes • March 14, 2005: Defence arguments begin • May 27, 2005: Defence arguments end. • October 14, 2005: Court reserves judgement • October 24, 2005: Court convicts seven accused, lets off four • October 29, 2005: Sentence pronouncement deferred • October 31, 2005: Convicted Ashfaq ordered to be hanged Mohammad Arif alias Ashfaq: Pakistani national. Sentenced to death for waging war against the Govt. Fined Rs 4.35 lakh. Judgement said, “He organised the entire attack by setting up bases in Delhi…he led the members of the LeT at the time of the attack.” Rehmana Yusuf Farooqi, Indian wife of Ashfaq. Sentenced to seven years’ rigorous imprisonment and fined Rs 20,000 for sheltering her husband before and after the incident. The judge said her offence was “her non-disclosure of the design of Mohammad Arif”. Nazir Ahmed Qasid and Farooq Ahmed Qasid, father and son. Farooq was Ashfaq’s contact in Kashmir. Duo found guilty of criminal conspiracy. Sentenced to life imprisonment and fined Rs 1 lakh each.