VidhiSangh

Supreme Court of India · 03/11/2022

MOHD. ARIF @ ASHFAQ versus STATE (NCT OF DELHI)

[2022] 7 S.C.R. 792 · 2022 INSC 1156

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Summary

A Pakistani national was sentenced to death for the December 2000 attack on the Army unit at the Red Fort, in which three soldiers were killed. His review petitions were reheard in open court by three judges. The Supreme Court held that, because it was a death-sentence case, the review must apply Anvar P.V. and Arjun Panditrao, even though the trial and appeals were decided under Navjot Sandhu. Call records lacking a Section 65B(4) certificate were therefore excluded, and the circumstances linking the calls to his phone fell away. The remaining circumstances still proved his guilt beyond doubt: unexplained funds, his disclosure leading to an armed hideout, and ballistic matching of the rifle he produced. Challenges to the disclosure statement were factual and outside review. No mitigating material outweighed an attack on India's sovereignty, so the petitions were dismissed.

Issues

  1. Whether, on review of a death sentence, call detail records admitted without a certificate under Section 65B(4) of the Evidence Act must be excluded in light of Anvar P.V. and Arjun Panditrao, though the trial and appeals were decided under Navjot Sandhu.
  2. Whether, after excluding such records, the remaining circumstances proved guilt and whether the death sentence warranted review on grounds of possible reformation.

Provisions considered

Held

Result

Review petitions dismissed; the conviction and death sentence affirmed in the judgment dated 10.8.2011 in Criminal Appeal Nos. 98-99 of 2009 maintained.

Judgment PDF: Supreme Court of India, [2022] 7 S.C.R. 792.