Death row convict moves curative plea in apex court

He was awarded the death sentence by the trial court in November 2005,which was confirmed by the Delhi HC in 2007. Arif challenged this order in the Supreme Court,which in October 2011 upheld the decision. He subsequently moved a review petition but it was also dismissed last year. Curative petition is the last remedy available in law to challenge an order.

In his curative petition,Arif has raised the question of law as to whether his statement given to the trial court in February 2005 could have been discarded by the courts while holding him guilty under terror charges.

In his statement under Section 313,CrPC,Arif had claimed that he was a resident of Pakistan and was working for X branch in the RAW since 1997. As per his statement,he had travelled to Kathmandu in June 2000 to hand over some documents to another agent,who arranged for his stay in Delhi. Arif contended he was later framed in the case by being forced to sign blank documents since he could not return to Pakistan.

The apex court had declined to consider this statement by Arif after noting that the prosecution witnesses were not asked related questions at any stage of the trial and that the entire defence of the accused was required to to be put by way of suggestions or other questions at the time of cross-examination of such witnesses.

Challenging this proposition,the curative petition has claimed that dismissal of his defence had resulted into violation of principles of natural justice and also caused gross miscarriage of justice.

He further said since all the other six accused were acquitted by the High Court after disbelieving the prosecutions story,there could not be any basis to convict him and sentence him to death on the basis of same set of evidence.