Page 100 - STATE v ARIF & ORS. SC-NO-540-2022 PART 1

'~·
(Lal Quila), Delhi in which 6 terrorists of banned terrorist organization Lashkar-e-

Toiba (LeT), armed with AK-56/47 rifles had entered into the premises of Red Fort,
"~)elhi and fired on the security forces, deployed in the security of the Red Fort. Total
I
three army personnel died in the incidence. The terrorist organization, Lashkar-e-

Toiba (LeT) has claimed for the above mentioned attack on Red Fort. Accordingly, on
the complaint of Security Incharge Captain S.P. Patwardhan, Adjudant, 7

Rajputana Rifles, Red Fort, Delhi, the above mentioned case vide FIR No.

688/2000 dt. 22.12.2000, was registered at PS Kotwali, Delhi7""Subsequently, the
investigation of the case was transferred to the Special Cell, Delhi .
...----

During the investigation of the case, on 25.12.2000, an accused namely Ashfaq

Ahmed @ Mohd. Arif @ Abu Hamaad s/o Mohd. Akram r/o Haveliya, Distt.

Abottabad, Pakistan, i.e. the militant of banned terrorist organization Lashkar-e-Toiba
(LeT), alongwith his wife Rehmana (an Indian national), was apprehended in a raid at

Gazipur, Delhi. On the basis of his interrogation/interrogation, another raid was

conducted in the area of Balla House, Delhi, in which one of his associate and intruder
namely Abu Sarna! (r/o Pakistan), was killed in an encounter with the team of Special

Cell, Delhi on 26.12.2000. From the interrogation of above mentioned arrested

accused Ashfaq Ahmed, the other executors/intruders were identified as Abu Samad,
Abu Sad, Abu Sakhar, Abu Bilal and Abu Haidar (all r/o Pakistan). During the

investigation of the present case, initially total 11 accused persons were arrested and

charge sheeted, while 10 other accused persons were declared as Proclaimed Offender
(PO). Out of those 11 accused persons, the Ld. Trial Court of Sh. O.P. Saini, ASJ,

Delhi, has acquitted four accused persons and convicted Seven accused persons
(includi~ the death sentence to accused Ashfaq Ahmad @ Mohd. Arif) vide

judgements dated 29.10.201)5 & 31.10.2005. During appeal in the Hon'ble High

court, out of those 7 convicted accused persons, 6 accused have been acquitted, but
the conviction of accused Ashfaq Ahmed @ Mohd. Arif, was sustained in the appeal

by the Hon'ble High Court. The conviction (Death Sentence) of accused Ashfaq

4