President Murmu have recently rejected mercy Petition of Pakistan terrorist who attacked Red Fort in 2000 and also killed 3 army officers. The Delhi High Court and the  Supreme Court supported the order in subsequent appeals.

What are the Charges Against Terrorist Arif ?

President Murmu has rejected the Mercy Plea of Mohammed Arif. The authorities stated that a Pakistani terrorist Mohammed Arif alias Ashfaq sent a mercy petition who was convicted in the almost 24-year-old Red Fort terror attack case has been not rejected by President Murmu. The President rejected the second mercy petition filed by Mohammed Arif after assuming office on July 25, 2022. The Supreme Court had dismissed a review petition by Mohammed Arif on 3rd November, 2022, declaring the death sentence awarded to him in the case. According to Article 32 of the Constitution, a death row convict can still appeal to the top court assuming substitute or replacement of his sentence on the basis of prolonged delay under. The mercy petition filed by Arif, received on May 15, was rejected on May 27, the officials announced, quoting the President’s secretariat order of May 29.

Is he a Threat to Nation’s Unity?

The Supreme Court, while supporting the death sentence punishment, noted that there were no statements or conditions that are in favor of Arif and concentrated on the fact that the terror attack on the Red Fort was a direct threat or danger to the nation’s unity, integrity, and sovereignty. Arif is a Pakistani man and a member of illegal group named as Lashkar-e-Taiba (LeT), was imprisoned or jailed just after four days of attack by Delhi Police. On 22nd December 2000, Delhi’s Red Fort faced heinous attack where terrorists started open firing at the 7 Rajputana Rifles unit stationed that is within the Red Fort property, leading to the deaths of three Army officers.

Supreme Court’s Take on this Matter

“Appellant-accused Mohd. Arif alias Ashfaq was a Pakistani national and had entered the Indian territory illegally,” the Supreme Court’s order of 2022 had stated. After the investigation, it was found that Arif planned this entire attack with other terrorist, with the trial court sentencing him to death in October 2005. This terror attack involved three militants that are Abu Bilal, Abu Shaad, and Abu Haider, they were killed in different encounters performed by police officers. The Delhi High Court and the Supreme Court supported the order in subsequent appeals. The trial court had announced that the planning and plotting of the attack on the Red Fort was designed in Srinagar, where Arif had illegally took entry in 1999 along with three other militants of Lashkar-e-Taiba. Despite various legal attempts, including review and curative petitions, Arif’s mercy petition was taken down, as it was a very serious or severe crime that posed danger to national security. The Delhi High Court had supported the trial court’s verdict in September 2007. Arif then went to the Supreme Court to challenge the high court’s final decision.

Previously in August 2011, the supreme court had also upheld the order of awarding the death sentence to him. Later, his review petition was presented in front of the two-judge bench of the apex court which dismissed it in August 2012.

President Murmu Rejects Mercy Plea of Pak Terrorist

In January 2016, a constitution bench had instructed that Arif shall be entitled to take re-opening of the dismissal of the review petitions for an open court hearing within 30 days. The supreme court had rejected the review petition in its final decision stated on 3rd November, 2022. This decision comes after President Murmu took down another mercy petition previous year in a separate case, showing a firm stance on cases of heinous crimes.