No error in charging Guru for concealing info: Delhi Govt

NEW DELHI, MARCH 27 : The Delhi Government on Thursday backed the Supreme Court’s earlier judgment convicting Jaish-e-Mohammed militant Shaukat Hussain Guru on charges of concealing information about the attack on Parliament on December 13, 2001. Guru, at present serving a 10-year term, had approached the top court again contending that he was wrongly convicted by it for concealment of information, a charge under which he was never tried by the sessions court.

Commencing his arguments before the Bench of Justice P P Naolekar and Justice L S Panta, Additional Solicitor General Gopal Subramanian said the apex court’s ruling that convicted Guru for concealing information while acquitting him of graver charges of terrorism and waging war against the Government had “no error”.

Guru was originally given capital punishment on charges under the now repealed Prevention of Terrorist Activities Act and the penal offences for waging war against the state. The High Court, too, had upheld his conviction on these charges.

But the SC, while deciding his petition challenging his conviction and award of death penalty, had acquitted him of the charges on which he had been convicted by the trial court. Instead, it convicted him on the charge of concealing information about the impending Terror attack from the police and sentenced him to 10 years imprisonment. Though his review petition and curative petition have already been dismissed, the court has allowed him to raise the question again, giving him a third chance.

Appearing for Guru, former Union Law Minister Shanti Bhushan contended that the apex court’s act of convicting Shaukat on a new charge without his trial by the lower court on that particular charge was a violation of his Fundamental Right of Life and Liberty under Article 21 of the Constitution.

However, the ASG contended that the charge of concealment of conspiracy under Section 123 of IPC was not an altogether new charge, but a charge which was also virtually covered under IPC’s sections 121, 121A and 122, related to various charges of waging war against the Government. In his brief argument, Subramanian also said that the ruling had also listed evidence against Guru, which was sufficient for his conviction.

The arguments remained inconclusive and will be completed on the next date of hearing.

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