Court case(2005) 11 SCC 600

On 13 December 2001 five armed terrorists drove into the Parliament House complex and opened fire; nine security personnel and staff died and all five attackers were killed. Mohd. Afzal, Shaukat Hussain Guru, S.A.R. Geelani and Navjot Sandhu (Afsan Guru, Shaukat's wife) were tried for conspiracy to attack Parliament, waging war against the Government of India, murder and offences under the Prevention of Terrorism Act, 2002. The trial court convicted all four; the High Court acquitted Geelani and Navjot Sandhu and confirmed the death sentences of Afzal and Shaukat. The State and the convicts appealed.

The Supreme Court confirmed Afzal's conviction and death sentence for conspiracy, waging war and murder. Shaukat was acquitted of conspiracy, because the evidence showed knowledge of the plan rather than agreement to it, but was convicted of concealing a design to wage war (s. 123 IPC) and sentenced to ten years. The acquittals of Geelani and Navjot Sandhu were upheld. The Court restated the law of conspiracy: the offence is the agreement; it may be proved by circumstantial evidence; an agreement can be inferred from the conduct of the parties, but conscious and deliberate association with the common object must be shown, and mere knowledge or discussion is not enough. It also held that a confession recorded under POTA was not admissible against a co-accused.