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The idea behind this blog is to collect information on the death penalty in India and make it accessible. We are trying our best to put the latest information on the people who are currently on death row, the status of their cases, their mercy petitions and also the information on any death sentence across the country. Please feel free to write us and give us your suggestions and comments and also any information you have come across regarding the death penalty in India. Our email id is abolishdeathpenaltyindia@gmail.com The blog is currently managed by Grace Pelly, Lara Jesani, Nitu Sanadhya, Rebecca Gonsalvez, Reena Mary George and Vijay Hiremath. Kindly mark copies of the emails to: vijayhiremath@gmail.com reena.mary.george@univie.ac.at

Monday, October 5, 2009

Delhi HC commutes the death sentence

The Delhi High Court on August 31,2009 commuted the death sentence of man by name Gopal and sentenced him to life for minimum 20 years imprisonment without remission. Gopal had been convicted for the murder of a witness in the premises of the Tis Hazari court in Delhi.

Comment : Granting remission to a prisoner is entirely the prerogative of the Government and the judiciary should refrain from interfering with the power of the government. Remission is given to a prisoner on the recommendation of the jailer considering the behaviour of the prisoner. The order of the Delhi High Court goes against the reformation process of the prisoner. this judgement also sets a precedent and hence can affect the lives of many prisoners in future.
Its seems the courts are following an unwritten policy of commuting the death sentence and then awarding life imprisonment with conditions. In imposing the conditions the courts are overlooking the fact that they are interfering with the powers of the courts and also not allowing the process of reformation.
The judgements needs to be challenged on the limited ground of the conditions imposed by the Delhi High Court.

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