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Md. Jamiludin Nasir v. State of West Bengal

Criminal Appeal · Neutral citation not assigned (Criminal Appeal Nos. 1240-1241 of 2010, order of 21 May 2014)Decided 21 May 2014
Criminal Appeal Nos. 1240-1241 of 2010
Justice A.K. Patnaik · Justice F.M. Ibrahim Kalifulla

Background

Five policemen were killed and others injured in a planned shooting outside Kolkata's American Centre in January 2002. Nasir and Aftab were convicted of conspiracy, waging war, murder-related and other offences and sentenced to death. They challenged the confession, identification and other evidence as well as the punishment.

Decision Breakdown

The Court upheld the convictions except under Section 27(3) of the Arms Act, which had already been struck down as unconstitutional. It accepted Nasir's judicial confession as voluntary and truthful and found substantial independent oral, documentary and material corroboration. The planned attack on the state's police force and its established purpose supported the waging-war convictions. However, the Court concluded that death was unwarranted in this case and substituted life imprisonment until the end of Aftab's life and a minimum thirty years without remission for Nasir. Other sentences were maintained concurrently.

Lesson Learnt

A conviction for a grave organized attack does not make death an automatic punishment. The Court separately examined lawful evidence, the unconstitutional mandatory-death provision and each offender's role before imposing stringent life sentences.

Official source (sci.gov.in)View Judgment (PDF)

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