For a moratorium on death sentence
12 years, 3 months ago

For a moratorium on death sentence

The Hindu  

The Supreme Court’s five-judge Constitution Bench judgment in Bachan Singh is the source of contemporary death penalty jurisprudence in India. In Sangeet, the Radhakrishnan-Lokur Bench has continued the judicial scrutiny started by Bariyar of post- Bachan Singh death penalty cases, to see if they have complied with the requirements of the law. Bachan Singh, delivered by a five-judge Constitution Bench, clearly discarded the proposition that the court must balance aggravating and mitigating circumstances through a balance sheet theory. In its judgment delivered on August 29, among other things, the Supreme Court relied on the flawed Machhi Singh for its reasoning, and used the balance sheet theory, arraigned by Sangeet, to sentence Ajmal Kasab.

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