People’s Union for Democratic Rights

A civil liberties and democratic rights organisation based in Delhi, India

After the conviction by the Special Court, the accused went on appeal to the High Court.

The High Court gave its verdict on October 29, 2003. The High Court upheld the death sentence on Mohammad Afzal and Shaukat Hussain and indeed enhanced a sentence of life imprisonment under Section 121 of IPC to the death penalty. It exonerated S.A.R Gilani and Afsan Guru.

Since this case sets a precedent, not just for the conduct of POTA cases (a law which deserves to be abolished), but for the treatment of computer generated evidence and phone interceptions, we think it is important to record our concerns regarding the right to a fair trial. We have also commented on the assumptions and political context surrounding the case.

To download the report click below
Balancing Act.pdf
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