The Supreme Court on Tuesday allowed the plea of Mohammad Arif, the lone death row convict in the 2000 Red Fort attack case, for a fresh hearing of his dismissed review petition in the open court.
A five-judge Constitution bench headed by Chief Justice T S Thakur modified the apex court’s September 2, 2014 verdict by which the benefit of open court hearing in the review petition was available to those convicts whose review petitions were pending and also whose executions were not given effect.
In his plea, Arif had submitted that his case fell in a solitary category as both his review petition and curative petition were dismissed before the apex court came out with the crucial verdict giving benefit to death row convicts that there review plea can be heard in open court by a three-judge bench.
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.
Arif’s review petition was dismissed on September 2, 2014.
The apex court on April 28, 2014 had stayed Arif’s execution in the case. Three people, including two Army jawans, were killed in the December 22, 2000 Red Fort attack.
On August 10, 2011, the Supreme Court had upheld Arif’s death sentence and dismissed his appeal challenging the capital punishment awarded to him by a sessions court, which was affirmed by the Delhi High Court.