SC Issues Notice In Plea Seeking Guidelines For Time-Bound Disposal Of Clemency & Mercy Petitions
4 years, 8 months ago

SC Issues Notice In Plea Seeking Guidelines For Time-Bound Disposal Of Clemency & Mercy Petitions

Live Law  

The Supreme Court on Thursday issued notice in a plea seeking directions for issuance of guidelines via-à-vis disposal of clemency/mercy writ petitions and resultant execution of death sentence in a time bound manner.Notice was issued by a bench of Chief Justice SA Bobde, R. Subhash Reddy & AS Bopanna in the petition filed by Advocate Dr. Subhash Vijayran, highlighting the irregularities. The Supreme Court on Thursday issued notice in a plea seeking directions for issuance of guidelines via-à-vis disposal of clemency/mercy writ petitions and resultant execution of death sentence in a time bound manner. Notice was issued by a bench of Chief Justice SA Bobde, R. Subhash Reddy & AS Bopanna in the petition filed by Advocate Dr. Subhash Vijayran, highlighting the irregularities in deciding writ petitions across high courts while particularly focussing on the case of the two child-murderer sisters "Renuka and Seema" convicted of murdering 5 children in a depraved manner. "I am particularly focusing on the case of the two child-murderer sisters Renuka and Seema – convicted of kidnapping and murdering, in the most depraving manner 5 helpless children – whose death sentences though confirmed by this Hon'ble Court, the President & the Governor - is stayed since 2014, as the Bombay High Court is hearing their post-mercy rejection Writ Petition in the most lackadaisical manner, with a shocking gap of more than 5 years 7 months between two hearing dates at pre-admission stage.

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History of this topic

Supreme Court Issues Guidelines On Death Penalty Execution & Mercy Petitions To Avoid Delay In Process
3 months, 2 weeks ago

Supreme Court Issues Guidelines On Death Penalty Execution & Mercy Petitions To Avoid Delay In Process

Live Law  

The Supreme Court on Monday directed all states and union territories to constitute a dedicated cell for the prompt processing of the mercy petitions by death row convicts within the timeline laid down by the respective governments. The dedicated cell shall be responsible for the prompt processing of the mercy petitions within the time frame laid down by the respective …

'Sensitive Matter' : Union Seeks More Time On Balwant Singh's Mercy Petition; Supreme Court Adjourns Hearing By 4 Weeks
4 months ago

'Sensitive Matter' : Union Seeks More Time On Balwant Singh's Mercy Petition; Supreme Court Adjourns Hearing By 4 Weeks

Live Law  

Specifically on Rohatgi's arguments on national security, Counsel for Punjab responded: "An affidavit was filed by the Union, wherein a national threat was stated in the affidavit that there is national threat on release of this person." However, while confirming the conviction of a co-accused Jagtar Singh Hawara, the High Court commuted the death sentence to life imprisonment. However, on …

Supreme Court Requests President To Decide Death Row Convict Balwant Singh's Mercy Petition In 2 Weeks
4 months, 1 week ago

Supreme Court Requests President To Decide Death Row Convict Balwant Singh's Mercy Petition In 2 Weeks

Live Law  

Specifically on Rohatgi's arguments on national security, Counsel for Punjab responded: "An affidavit was filed by the Union, wherein a national threat was stated in the affidavit that there is national threat on release of this person." However, while confirming the conviction of a co-accused Jagtar Singh Hawara, the High Court commuted the death sentence to life imprisonment. However, on …

Exercising mercy as a Constitutional duty: Pardon for death sentence: What is the law?
9 months, 1 week ago

Exercising mercy as a Constitutional duty: Pardon for death sentence: What is the law?

Hindustan Times  

After a person is convicted of an offence, and the court holding it to be the rarest of the rare cases, passes a death sentence, justice does not rest. Justice is not merely in the passing of an adequate sentence but encompasses due process, which includes the convict’s right to appeal the sentence within the given legal framework – confirmation, …

Decide Mercy Petitions Against Death Sentence At The Earliest So That Convicts Won't Take Undue Advantage : Supreme Court
1 year, 11 months ago

Decide Mercy Petitions Against Death Sentence At The Earliest So That Convicts Won't Take Undue Advantage : Supreme Court

Live Law  

The Supreme Court directed all State Governments to ensure that mercy petitions in death penalty cases are decided and disposed of at the earliest. In the matter, the High Court commuted the death sentence to life imprisonment on the ground that there was an inordinate unexplained delay on the part of the State/Governor of the State in not deciding the …

Abolition is the way: The Hindu Editorial on the higher judiciary’s move on the death penalty
2 years ago

Abolition is the way: The Hindu Editorial on the higher judiciary’s move on the death penalty

The Hindu  

Forty years after holding that the mode of executing prisoners by hanging cannot be termed too cruel or barbaric, the Supreme Court of India has now ventured to find out if there is a more dignified and less painful method to carry out death sentences. The idea of finding an alternative mode of execution, one considered less painful and involves …

Uphold dignity in death penalty
2 years ago

Uphold dignity in death penalty

Hindustan Times  

There are layers upon layers in the judicial debate on capital punishment — the efficacy and ethics of administering the death penalty, the adequacy of procedural safeguards, the choice of the most humane way to execute a person, and even the moral argument — but at its heart rests the motivation to safeguard the dignity of the life that is …

'What Is The Use Of Death Sentence, If It Is To Be Executed After 20-25 Years?' : Supreme Court Asks On Plea Challenging Commutation
2 years, 3 months ago

'What Is The Use Of Death Sentence, If It Is To Be Executed After 20-25 Years?' : Supreme Court Asks On Plea Challenging Commutation

Live Law  

At the outset, Justice Shah put to the advocate for the state, "What is the purpose of awarding a death sentence? The advocate replied, "Your Lordships, the first mercy petition was not filed by these accused, that was filed by some residents of Canada, Australia, etc.please, Your Lordships, 9 children were murdered." In the impugned judgment of January 18, 2022, …

SC Deprecates 'dilatory Tactics' Adopted by Parties in Death Penalty Case
2 years, 4 months ago

SC Deprecates 'dilatory Tactics' Adopted by Parties in Death Penalty Case

News 18  

The Supreme Court on Monday strongly deprecated the “dilatory tactics” adopted by the parties and their advocates for “deflecting the course of justice” in a murder case, where seven of the convicts have been awarded death sentence. Justice Bela M Trivedi, who was also part of the bench, took a strict view and said, “Such a dilatory tactics adopted by …

Supreme Court Monthly Criminal Digest: September 2022
2 years, 5 months ago

Supreme Court Monthly Criminal Digest: September 2022

Live Law  

Bail - Post-conviction bail – All persons who have completed 10 years of sentence and appeal is not in proximity of hearing with no extenuating circumstances should be enlarged on bail. Mohd Shakir v. State of Uttar Pradesh, 2022 LiveLaw 727 Code of Criminal Procedure, 1973; Section 154 - If multiple First Information Reports by the same person against the …

Death Penalty: SC Refers to 5-judge Bench Case on Framing Guidelines on Mitigating Circumstances
2 years, 6 months ago

Death Penalty: SC Refers to 5-judge Bench Case on Framing Guidelines on Mitigating Circumstances

News 18  

The Supreme Court on Monday referred to a five-judge Constitution bench a suo motu plea on framing of guidelines on how and when potential mitigating circumstances be considered by courts during trial in cases which entail the death penalty as the maximum punishment. A bench headed by Chief Justice Uday Umesh Lalit said it was of the opinion that this …

S.389 CrPC | Application For Suspension Of Sentence Should Be Considered Liberally If Punishment Is Less Than 10 Yrs: J&K&L High Court Reiterates
2 years, 10 months ago

S.389 CrPC | Application For Suspension Of Sentence Should Be Considered Liberally If Punishment Is Less Than 10 Yrs: J&K&L High Court Reiterates

Live Law  

The Jammu and Kashmir and Ladakh High Court has recently reiterated that as per the provision under Section 389 CrPC, if the convict is punished with imprisonment for a term less than ten years, no notice is required to the Public Prosecutor/State regarding the application filed by the accused for suspension of his sentence and his release on bail.Justice Mohan …

Plea In SC Seeks Guidelines For Time Bound Disposal Of Clemency & Mercy Petitions
4 years, 8 months ago

Plea In SC Seeks Guidelines For Time Bound Disposal Of Clemency & Mercy Petitions

Live Law  

A plea in the Supreme Court has been preferred seeking directions for issuance of guidelines via-à-vis disposal of clemency/mercy writ petitions and resultant execution of death sentence in a time bound manner.Advocate Dr. Subhash Vijayran has filed the petition and highlights the irregularities in deciding writ petitions across high courts while particularly focussing on the case of. A plea in …

Timely Disposal Of Mercy Petitions: SC Issues Notice On Plea seeking Formulation of Guidelines, Seeks Centre's Response
4 years, 10 months ago

Timely Disposal Of Mercy Petitions: SC Issues Notice On Plea seeking Formulation of Guidelines, Seeks Centre's Response

Live Law  

The Supreme Court on Wednesday issued notice in a plea seeking directions to the Government for framing guidelines on timely disposal of Mercy Petitions.A bench of Chief Justice SA Bobde, AS Bopanna & Hrishikesh Roy sought response from the Ministry of home Affairs and granted 4 weeks time to file reply.CJI: "Format is not necessary. The Supreme Court on Wednesday …

SC Dismisses Plea Challenging Constitutionality Of Execution Of Death Penalty By Hanging
5 years ago

SC Dismisses Plea Challenging Constitutionality Of Execution Of Death Penalty By Hanging

Live Law  

Supreme Court has dismissed a petition filed by a 88-year old freedom fighter challenging the constitutional validity of delivering death penalty by hanging by deathThe Bench headed by Justice SA Bobde dismissed the petition filed by S Paremeswaran Nampoothiri challenging Section 354 of the Code of Criminal Procedure, which states when any person is sentenced to death, the sentence. Supreme …

SC Issues Order Prescribing Fixed Timelines For Listing Of Death Penalty Criminal Appeals [Read Order]
5 years, 1 month ago

SC Issues Order Prescribing Fixed Timelines For Listing Of Death Penalty Criminal Appeals [Read Order]

Live Law  

The Supreme Court Registry has released an Office Order laying down timelines and guidelines for listing of Criminal Appeals involving Death Penalty. The following are the prescribed Guidelines that have been formulated: - 1) In matters where Death Penalty has been upheld/confirmed and the Supreme Court has granted leave, the Appeal shall be listed not later than Six Months before …

Centre moves SC seeking seven-day deadline for execution of death row convicts after issuance of death warrant
5 years, 2 months ago

Centre moves SC seeking seven-day deadline for execution of death row convicts after issuance of death warrant

Firstpost  

New Delhi: The Centre on Wednesday moved the Supreme Court for fixing a deadline of seven days for execution of death penalty of condemned prisoners after issuance of black warrant. In an application, the MHA sought a direction “to mandate all competent courts, state governments, prison authorities in country to issue death warrant of a convict within seven days of …

‘Legal process taken for a ride’: Centre asks SC to set rules for death row cases
5 years, 2 months ago

‘Legal process taken for a ride’: Centre asks SC to set rules for death row cases

Hindustan Times  

Amid the uncertainty over the execution of the four men sentenced to death for the 2012 Delhi gang rape case, the Centre on Wednesday approached the Supreme Court to introduce a 7-day deadline for death-row convicts to file mercy petitions. Supreme Court of India, photo by Rajkumar The Centre requested the top court to amend its 2014 verdict in the …

SC Issues Notice On Plea Challenging Mandatory Death Penalty Under SC/ST Act [Read Petition]
5 years, 10 months ago

SC Issues Notice On Plea Challenging Mandatory Death Penalty Under SC/ST Act [Read Petition]

Live Law  

The Supreme Court bench headed by Justice SA Bobde today issued notice to the Centre on a PIL challenging mandatory death penalty under section 3 of the Scheduled Castes and the Scheduled Tribes Act. The provisions prescribes mandatory death penalty to a non-SC/ST person, if he is found to have knowingly fabricated or given false evidence in a criminal. The …

Even Heinous/Brutal Crimes May Not Be Rarest Of Rare: SC [Read Judgment]
6 years, 3 months ago

Even Heinous/Brutal Crimes May Not Be Rarest Of Rare: SC [Read Judgment]

Live Law  

“Time and again, this Court has categorically held that life imprisonment is the rule and death penalty is the exception and even when the crime is heinous or brutal, it may not still fall under the category of rarest of rare.”The Supreme Court, reiterating the principle that life imprisonment is the rule and death penalty is the exception, has observed …

SC Commutes Death Penalty In Two Rape-Cum-Murder Cases [Read Judgment]
6 years, 4 months ago

SC Commutes Death Penalty In Two Rape-Cum-Murder Cases [Read Judgment]

Live Law  

The Supreme Court bench headed by Justice AK Sikri has commuted death sentence imposed on accused in two different cases, by recalling its earlier orders by which it had dismissed the SLPs filed by them in limine.Babasaheb Maruti Kamble was convicted for rape and murder of a 7-year-old girl in Maharashtra, while Jitendra was convicted in a rape-cum-murder case by …

SC Commutes Death Penalty In Two Rape-Cum-Murder Cases [Read Judgment]
6 years, 4 months ago

SC Commutes Death Penalty In Two Rape-Cum-Murder Cases [Read Judgment]

Live Law  

The Supreme Court bench headed by Justice AK Sikri has commuted death sentence imposed on accused in two different cases, by recalling its earlier orders by which it had dismissed the SLPs filed by them in limine.Babasaheb Maruti Kamble was convicted for rape and murder of a 7-year-old girl in Maharashtra, while Jitendra was convicted in a rape-cum-murder case by …

SC To Hear Review Petitions In A Death Sentence Case Afresh; Recalls 2012 Order [Read Order]
6 years, 4 months ago

SC To Hear Review Petitions In A Death Sentence Case Afresh; Recalls 2012 Order [Read Order]

Live Law  

The Supreme Court has recalled a 2012 order by which it had dismissed review petition against a judgment confirming death penalty.The bench comprising Justice Kurian Joseph, Justice AM Khanwilkar and Justice DY Chandrachud passed this order while considering the convict’s request for shifting him from Nagpur Central Jail to Aurangabad. The Supreme Court has recalled a 2012 order by which …

SC notice to Centre on plea against mode of execution of death sentence, seeks response in three weeks
7 years, 5 months ago

SC notice to Centre on plea against mode of execution of death sentence, seeks response in three weeks

India TV News  

The Supreme Court today asked the Centre to respond to a plea challenging the legal provision that a death row convict would be hanged to death. The plea said that Article 21 of the Constitution also includes the right of a condemned prisoner to have a dignified mode of execution so that death becomes less painful. A bench comprising Chief …

SC Agrees To Hear Death-Row Convicts’ Writ Petition Seeking Stay On Hanging
7 years, 9 months ago

SC Agrees To Hear Death-Row Convicts’ Writ Petition Seeking Stay On Hanging

Live Law  

Supreme Court’s Vacation Bench of Justices D.Y. Chandrachud and Sanjay Kishan Kaul, on Monday, June 19 directed listing on June 22, of the Criminal Writ Petition filed by Babu @ Ketan and Sanni, seeking stay on their hanging, following the rejection of their mercy petitions by the President, Pranab Mukherjee. The President rejected their mercy petitions on May 25.READ: President …

SC Agrees To Hear Death-Row Convicts’ Writ Petition Seeking Stay On Hanging
7 years, 9 months ago

SC Agrees To Hear Death-Row Convicts’ Writ Petition Seeking Stay On Hanging

Live Law  

Supreme Court’s Vacation Bench of Justices D.Y. Chandrachud and Sanjay Kishan Kaul, on Monday, June 19 directed listing on June 22, of the Criminal Writ Petition filed by Babu @ Ketan and Sanni, seeking stay on their hanging, following the rejection of their mercy petitions by the President, Pranab Mukherjee. The President rejected their mercy petitions on May 25.READ: President …

Death penalty comes with the jurisprudence of outrage
7 years, 10 months ago

Death penalty comes with the jurisprudence of outrage

The Hindu  

There was nothing unexpected about the final verdict of the Supreme Court in the ‘Nirbhaya’ case. In the Nirbhaya case, too, the citations inevitably lead to the main point drawn from Machhi Singh that capital punishment is to be given in the rarest of rare cases “when its collective conscience is so shocked that it will expect the holders of …

Supreme Court of United States refuses to examine constitutional validity of death penalty [Read Opinion]
8 years, 9 months ago

Supreme Court of United States refuses to examine constitutional validity of death penalty [Read Opinion]

Live Law  

The Supreme Court of the United States on Tuesday refused to examine the constitutional validity of death penalty. Justice Stephen Breyer dissented from the denial of certiorari, joined by Justice Ruth Bader Ginsburg.The question posed before the Court was whether imposition of death penalty upon a person convicted of murder constitutes cruel and unusual punishment, in violation of the Eighth. …

Supreme Court Restores Death Sentences For Kansas Inmates
9 years, 2 months ago

Supreme Court Restores Death Sentences For Kansas Inmates

NPR  

Supreme Court Restores Death Sentences For Kansas Inmates Enlarge this image toggle caption Chip Somodevilla/Getty Images Chip Somodevilla/Getty Images A nearly unanimous Supreme Court Wednesday reinstated death sentences for three convicted Kansas murderers. Writing for the court, Justice Antonin Scalia described the gruesome details of the so-called 2000 Wichita Massacre, in which two brothers broke into a home at Christmastime, …

If death penalty is abolished, should life term be till death, asks SC bench
9 years, 6 months ago

If death penalty is abolished, should life term be till death, asks SC bench

Firstpost  

A bail plea filed by five murder convicts from Chhattisgarh led to a bench of the Supreme Court on Thursday commenting at length about the death penalty. The Supreme Court’s observations come at a time when the execution of 1993 blasts convict Yakub Memon and a Law Commission report on the death penalty have set off a debate on capital …

Inhuman and unconscionable
9 years, 7 months ago

Inhuman and unconscionable

The Hindu  

Judicial finality need not necessarily mean that India should hang Yakub Memon. Even in this situation, as his life >hangs on the slender thread of a fresh mercy plea to the President, is the irreversible and inhuman sentence of death the only recourse for a democratic government? It was only in apparent cognisance of this that the Supreme Court ruled …

Centre to file a curative petition against SC judgment commuting death penalty to life term of 15 convicts
11 years ago

Centre to file a curative petition against SC judgment commuting death penalty to life term of 15 convicts

Live Law  

The Centre is planning to file a curative petition in the Supreme Court against its order to commute to life term the death penalty of 15 convicts on grounds of delay in disposal of their mercy petitions by the President. A review petition filed on the subject was dismissed by the apex court last week.The Centre wants to oppose the …

SC rejects Centre's plea on verdict on commutation of death penalty
11 years ago

SC rejects Centre's plea on verdict on commutation of death penalty

India TV News  

New Delhi: The Supreme Court today dismissed the Centre's plea seeking review of its verdict holding that undue delay by the government in deciding mercy plea can be a ground to commute death sentence of a condemned prisoner. The apex court rejected the Centre's contention that the January 21 judgement by which 15 condemned prisoners were granted life and paved …

Centre seeks review of Apex Court’s verdict commuting death penalty of 15 convicts to life imprisonment
11 years ago

Centre seeks review of Apex Court’s verdict commuting death penalty of 15 convicts to life imprisonment

Live Law  

The Centre on Saturday filed a petition in the Supreme Court seeking a review of the judgment dated 21st January of the Apex Court commuting death penalty of 15 convicts to life imprisonment. A 3-judges bench of the Apex Court headed by Chief Justice P Sathasivam, in its judgment of 21st January rendered in Shatrughan Chauhan and others, had held …

For deciding mercy petition, delay should be made criteria, says Supreme Court to government
11 years, 1 month ago

For deciding mercy petition, delay should be made criteria, says Supreme Court to government

Live Law  

In the light of the recent verdict delivered by the Supreme Court by commuting the death penalty of former prime minister Rajiv Gandhi's assassins to life imprisonment on the ground of inordinate delay on government and President's part to decide their mercy pleas, the Supreme Court asked the government that while deciding the mercy petition of a death row convict, …

Make delay a criteria for deciding mercy petition, says SC
11 years, 1 month ago

Make delay a criteria for deciding mercy petition, says SC

India TV News  

New Delhi: The Supreme Court Tuesday asked the government to include delay as a criteria in deciding the mercy petition of a death row convict. Pointing out that the government has set out certain criteria for deciding mercy petitions, the bench of Chief Justice P. Sathasivam, Justice Ranjan Gogoi and Justice Shiva Kirti Singh said: "We hereby recommend that in …

SC reserves its verdict on the plea of death row convicts in Rajiv Gandhi assassination case
11 years, 1 month ago

SC reserves its verdict on the plea of death row convicts in Rajiv Gandhi assassination case

Live Law  

Supreme Court today has reserved its verdict on the plea of death row convicts in Rajiv Gandhi assassination case seeking commutation of death sentence to life imprisonment.A three-judge bench headed by Chief justice P Sathasivam reserved the order after hearing the arguments of counsel appearing for the convicts and Attorney General G E Vahanvati who represented the central government.In. Supreme …

Supreme Court issues landmark guidelines relating to Death Penalty;
11 years, 2 months ago

Supreme Court issues landmark guidelines relating to Death Penalty;

Live Law  

A three Judge Bench of the Supreme Court issued landmark guidelines relating to Death Penalty, while allowing all the 13 Writ Petitions filed by 15 Death Convicts in various cases. Since this Court has also held that Article 21 rights inhere in a convict till his last breath, even after rejection of the mercy petition by the President, the convict …

Breaking; SC Commutes Death Sentences of 15 Prisoners including Rajiv Assassins and Veerappan aides. [Read Judgment]
11 years, 2 months ago

Breaking; SC Commutes Death Sentences of 15 Prisoners including Rajiv Assassins and Veerappan aides. [Read Judgment]

Live Law  

In a landmark judgment Supreme Court held that delay in disposing mercy petition is a ground to commute the capital sentence in to Imprisonment for Life. Court Commuted death sentence of 15 condemned prisoners including four aides of Veerappan and Rajiv Gndhi assassins to life term mainly on ground of delay in deciding their mercy plea by the government.The Supreme …

Rarest of rare opportunities
11 years, 5 months ago

Rarest of rare opportunities

The Hindu  

Beginning next week, the Supreme Court is expected to consider the pleas of 18 prisoners on death row, whose mercy petitions have all been rejected by the President of India. The Supreme Court, by commuting the death sentence in some or all cases, will send a strong signal to the government that its errant treatment of mercy petitions can no …

Justice as a game of chance
11 years, 7 months ago

Justice as a game of chance

The Hindu  

The quality of mercy, Shakespeare would be disappointed to learn, seems highly strained in India. Last month, President Pranab Mukherjee rejected Barela’s clemency petition — nearly 18 months after the >Supreme Court turned down his appeal. In fact, the government’s attempt to rush his execution seems highly suspect given that it coincides with the Supreme Court’s recent comments calling it …

A lost opportunity
11 years, 11 months ago

A lost opportunity

The Hindu  

In declining to interfere with the President’s rejection of the clemency petition of Devinder Pal Singh Bhullar, the Supreme Court has lost an opportunity to invoke the sound legal principle that prolonged delay in disposal of mercy petitions could be a key ground for commuting the death penalty. Although a 1989 Constitution Bench in the Triveniben case had leaned towards …

‘Delay no ground for mercy in terror cases’
11 years, 11 months ago

‘Delay no ground for mercy in terror cases’

The Hindu  

Long delay by the President or the Governor in disposing of mercy petitions of persons convicted under anti-terror laws or similar statutes cannot be a ground for commutation of the death sentence, the Supreme Court held on Friday. The Bench of Justices G. S. Singhvi and S. J. Mukhopadhaya said the Supreme Court’s earlier judgements holding that long delay might …

Supreme Court stays execution of eight death row convicts
11 years, 11 months ago

Supreme Court stays execution of eight death row convicts

The Hindu  

The Supreme Court on Saturday night stayed the execution of eight death row convicts whose mercy petitions were rejected by President Pranab Mukherjee earlier this week. Eqbal stayed the execution after hearing senior counsel Colin Gonsalves appearing for the convicts, who filed petitions challenging the rejection of their mercy petitions. The convicts are: Suresh, Ramji and Gurmeet Singh in Naini …

President should not consider clemency pleas in rape, murder cases: House panel
12 years ago

President should not consider clemency pleas in rape, murder cases: House panel

India TV News  

New Delhi, Mar 01: Amid demands of death for rapists, a Parliamentary panel today suggested that the President should not consider clemency pleas in rape and murder cases and said mercy petitions should be disposed of within three months and reasons for granting clemency should be made public. It has supported the Government's view that in cases where the rape …

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, …

A thousand deaths
13 years, 6 months ago

A thousand deaths

The Hindu  

An inordinate delay of 11 years occurred in considering the mercy pleas of the three death-convicts in the Rajiv Gandhi assassination case, Murugan, Santhan and Perarivalan, with their pleas being ultimately rejected on August 11, 2011 by the President of India. As recently as on September 18, 2009, the Supreme Court specifically reminded the government of its obligations with regard …

Senior advocates slam delay in disposal of mercy petitions
13 years, 6 months ago

Senior advocates slam delay in disposal of mercy petitions

The Hindu  

Senior advocates representing the three death row convicts in the Rajiv Gandhi assassination case assailed the undue delay in the disposal of their mercy petitions and contended that this rendered the death penalty imposed on them illegal and unconstitutional. Citing various judgments, he said the delay in disposing of mercy petitions was a ground for commutation of sentence. R. Vaigai, …

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