PTI | Nov 15, 2011, 07.32PM IST
NEW DELHI: Justice AK Ganguly of the Supreme court has termed the award of death sentence as "barbaric, anti-life, undemocratic and irresponsible" which is "legal" in the prevailing judicial system.
Describing this as his "personal view", Justice Ganguly said the Constitutional guarantee of right to life cannot be subjected to "vague premises".
The doctrine of the crime falling in the'rarest of rare' category in awarding the death penalty was a "grey" area as its interpretation depended on individual judges, he said, adding the "sentencing structures" should be in consonance with the goals set by the Constitution.
The remarks were made by Justice Ganguly yesterday at a two-day seminar on 'Abolition of Death Penalty in India'. The seminar was organized by the Jindal Global Law School at Sonepat in Haryana.
The sitting judge of the apex court said sending a convict to the gallows, is legal but "barbaric, anti-life, undemocratic and irresponsible"..
The guilt of an accused should be proved beyond "lingering" doubt in cases warranting the award of capital punishment, which has so far not yet been evolved.
He cautioned that before giving death penalty, a judge must be "extremely careful" and weigh "mitigating and aggravating circumstances".
The Judge said the state must adduce evidence that the accused cannot be reformed.
accessed on 15th Nov 2011
- Abolish Death Penalty India
- 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 email@example.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: firstname.lastname@example.org email@example.com