'Even Person Accused Of Heinous Crimes Entitled To Basic Protection Of Law' : Supreme Court Sets Aside Death Penalty For Lack Of Fair Trial
1 month, 1 week ago

'Even Person Accused Of Heinous Crimes Entitled To Basic Protection Of Law' : Supreme Court Sets Aside Death Penalty For Lack Of Fair Trial

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The Supreme Court recently set aside the death sentence of a man accused of killing his wife and 12-year-old daughter, after noting that he was denied a fair trial guaranteed under Article 21 of the Constitution. A bench comprising Justices Vikram Nath, Sanjay Karol, and Sandeep Mehta allowed the man's appeal, overturning the Allahabad High Court's decision that had convicted him of murder and imposed the death penalty. Also citing Rome statute regarding the accused right to fair trial, the Court observed: “What rights of an accused being codified in the Rome Statute signifies is that even when it comes to the gravest and most heinous crimes committed against humanity as a whole, a person accused of having so committed such offences is also entitled to basic protection under the law. In our facts, ending someone's life is, in fact, one of the gravest crimes that a person may commit, and so even here the accused is entitled to the protection of law ensuring that the process that condemns him as 'convicted of an offence', is free of procedural irregularities and blemishes which may call into question the credibility of the conclusion arrived at by such a process.” The Court emphasized that in capital punishment cases, the highest standards of procedural fairness must be adhered to.

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