The Supreme Court on Friday set aside a Delhi high court order holding evidence collected by police in the Parliament attack case by intercepting cell phone calls not admissible under the Prevention of Terrorism Act.
The court accepted Delhi police's argument that since the calls were intercepted before the anti-terrorism law was invoked against the accused, the evidence was admissable under POTA.
There are stringent regulations for interception of telephonic conversations under POTA, and defence lawyer, Shanti
Bhushan, had argued that these were not followed by the Delhi police.
The SC bench comprising Justice S N Variava and Justice Brijesh Kumar, however, said the merit of this evidence was open to arguments before the Delhi high court, which is hearing an appeal filed by the accused against a trial court order convicting them.
The attack on Parliament took place on December 13, 2001 and POTA was invoked against accused Shaukat Hussain Guru, Navjot Sandhu alias Afsan, Mohammed Afzal and S A R Geelani on December 19.
A designated court on December 18, 2002 awarded death penalty to Mohd Afzal, Shaukat Hussain Guru and suspended lecturer of a Delhi University College, S A R Geelani, holding them guilty of waging a war against India.
Shaukat's wife and the fourth accused, Navjot Sandhu alias Afsan Guru, was sentenced to five-year rigorous imprisonment and a fine of Rs 10,000.
The accused have now moved an appeal in Delhi HC against the designated court's order.