Why I have Spoken Now on Afzal Guru's Hanging

(Dr. Shashi Tharoor is a two-time MP from Thiruvananthapuram, the Chairman of the Parliamentary Standing Committee on External Affairs, the former Union Minister of State for External Affairs and Human Resource Development and the former UN Under-Secretary-General. He has written 15 books, including, most recently, India Shastra: Reflections On the Nation in Our Time.) It doesn't take much to stir up a controversy in our media. As I've learned repeatedly, a simple tweet is often enough. Asked by a tweeter what I thought of the statement issued by five Congress MLAs in Jammu and Kashmir in which they described the hanging as a "mistake", I replied to the questioner: "I think the hanging was both wrong & badly handled. Family should have been warned, given a last meeting & body returned." 

This resulted in a veritable paroxysm of outrage on television and a couple of thousand hate tweets in response, accusing me of everything from molly-coddling terrorists to treason. The debate is taking place on the second anniversary of Afzal Guru's hanging, which has occasioned protests all over the Kashmir Valley, at a time when the process of government formation in the state is yet to be concluded. The Kashmiri Congress legislators, in their statement, had said, according to ndtv.com: "The demand for clemency for Guru was justified and his mortal remains should be returned to his family. The decision to not allow his family members to meet him one last time was also a mistake." This was portrayed by the media as an exercise in winning the support of an independent MLA, Engineer Rashid, for the Rajya Sabha candidacy of Leader of the Opposition Ghulam Nabi Azad, and did not occasion half as much of an uproar as my own seeming endorsement of it a day later. 

If I felt this way, some have reasonably asked, why did I not say so publicly when it happened two years ago and I was serving in government? Simply put: I was not free to do so. I was a Minister of State in the Human Resources Development Ministry, and my work had nothing to do whatsoever with that of the Home Ministry, which handled such matters. It would have been a severe violation of governmental norms to express a divergence of opinion on matters concerning any other colleague's portfolio. A statement by a Minister of State for Home publicly challenging a decision of the HRD Ministry would have been just as inappropriate. Since I had nothing to do with the Afzal Guru decision and was involved in no official forum where I could have participated either in making the decision or in discussing it formally afterwards, I kept my views to myself, expressing them at the time only in private conversation. India is a country of laws; no one can argue that the legal process was not fully followed, all the way up to the Supreme Court. It is indeed true that it was only after all judicial processes had been exhausted that Afzal Guru was hanged. 

It is not my place to question the judgement of the Supreme Court - nor, for that matter, that of the President of India, in refusing to grant the clemency that was sought on Afzal Guru's behalf. Whether Guru's actual role as an accomplice - not one directly responsible for the assassinations of our fourteen martyrs in the Parliament complex - warranted the death penalty is also not a matter for individual citizens to determine. Those who, under our Constitution, are competent to make this decision have made it, and I don't challenge their right to do so either. However, while we are on the subject, it is not irrelevant to raise the issue of whether the continued use of the death penalty reflects well on us as a society. Since my days in the United Nations, I have been a considered critic of the death penalty, and in this I reflect the view of a majority of the world's peoples. United Nations General Assembly resolution 62/149 of 2007 calls on States that maintain the death penalty to suspend its use, establish a moratorium on the use of the death penalty with a view to its abolition, and in the meantime, to restrict the number of offences which it punishes - and to respect the rights of those on death row. 

The resolution has subsequently been repeatedly reaffirmed by overwhelming majorities, and UN Secretary-General Ban Ki-Moon, echoing his predecessor Kofi Annan, has declared as recently as July 2014 that "the death penalty is a cruel and inhumane practice" that "has no place in the world of the 21st century." In Ban's words, "The taking of life is too absolute, too irreversible, for one human being to inflict on another, even when backed by legal process" - a view I happen to share. But let's not go there either: I can just imagine our denizens of the right, especially on social media, frothing at the mouth to denounce the very notion that liberal international pieties can apply to the grim fight against terrorism on our soil. What about the rest of my objection? Afzal Guru was hanged without his family being notified beforehand; his wife and young son were not given an opportunity to meet him for one last time before his execution; and his body was not returned home for burial. Every one of these is standard procedure in the many other cases where India has carried out a sentence of death. Not adhering to these well-established practices was wrong, not just because it hurt the sentiments of Guru's family, but because it was violative of our own values as a society. In behaving the way we did, we betrayed ourselves -- as a nation, a society and a civilization. I am sure various arguments can be adduced for these actions. 

The notification to the family was sent in the usual way, but reached them two days after the execution had been carried out. No meeting was possible since the decision to proceed with the execution was taken swiftly once the President had rejected clemency and before the family had applied to see him. The body was not returned for fear of creating unrest in the Valley and allowing his grave to become a potential locus for future separatist agitation. I understand all these arguments: in my view they are just not good enough to override our duty to ourselves as custodians of India's civilizational values. Former Prime Minister Vajpayee once declared he intended to deal with Kashmiri separatism on the basis of insaniyat - humanity. Did our conduct reflect our own insaniyat? Or has our outrage at terrorism led us to something closer to insanity? I am a strong advocate of counter-terrorism, while stressing that it must not become an all-embracing concept that is used to cloak, or justify, violations of human rights. 

Indeed any sacrifice of fundamental freedoms in the struggle against terror will ultimately be self-defeating. As my old boss Kofi Annan used to say, those who are willing to give up liberty for security will end up with neither security nor liberty. In India's democratic society there are roadmaps for non-violent dissent. Power relations between ethnic, linguistic and religious groups and the State are mediated by the rule of law. When some people dissent, and even resort to violence, there are mechanisms to deal with them justly. And the system offers hope for change -- and the means to change --without the need for violence. In all this, it is vital to respect human rights. As understandable fear and suspicion dominate the law-enforcement response, human rights, the presumption of innocence, the rejection of religious or ethnic stereotyping, must not be jettisoned in the war against terrorism. The response to terror must not place in jeopardy all the hard-fought civil liberties and protections that have come to distinguish Indian civilisation and that are enshrined in our Constitution. 

As Mahatma Gandhi used to say, you judge a society by the way it treats its weakest members. No one is weaker or more powerless than a hapless prisoner on death row. That is why the State, in a final gesture of decency, treats him humanely, allows him to see a family, receive a priest's benediction, and choose his own last meal. These may make little difference to a man who is about to be hanged, but they show us as a decent nation, capable of compassion even while carrying out the ultimate punishment. India has years of experience of dealing with terror without undermining the very values the terrorists seek to destroy. We must ensure that in attacking terror, the cure does not become worse than the disease. Building human rights safeguards into our counter-terrorist strategies and conduct is absolutely essential. The very fabric of India's democratic governance rests on the rule of law. It is vital that our war on terror not become a war against justice, liberty and decency, but rather a war to preserve justice, liberty and decency for all. 

And I say this for India's sake, not for Afzal Guru's. 

Disclaimer: The opinions expressed within this article are the personal opinions of the author. NDTV is not responsible for the accuracy, completeness, suitability, or validity of any information on this article. All information is provided on an as-is basis. The information, facts or opinions appearing in the article do not reflect the views of NDTV and NDTV does not assume any responsibility or liability for the same. Story First Published: February 10, 2015 13:03 IST 

Source: http://www.ndtv.com/opinion/why-i-have-spoken-now-on-afzal-gurus-hanging-738427 [last accessed 12.02.2015]

SC dismisses review plea by death row convict

The supreme Court Tuesday dismissed a plea by a death row convict Sonu Sardar seeking recall of its Febr 23, 2012 verdict upholding his death sentence for "ruthlessly killing" five members of a scrap dealer's family in Chhatisgarh. A bench of Justice Anil R. Dave, Justice J. Chelameswar and Justice Uday Umesh Lalit dismissed the plea after holding a detailed hearing of the matter in the open court. Sardar along with Ajay Singh and three more people had killed Shamim Akhtar, a scrap dealer and four members of his family.

The apex court Feb 23, 2012, while upholding Sardar's death sentence, had said: "Five members of a family including two minor children and the driver were ruthlessly killed by the use of a knife, an axe and an iron rod and with the help of four others. The crime was obviously committed after pre-meditation with absolutely no consideration for human lives and for money." "Even though the appellant was young, his criminal propensities are beyond reform and he is a menace to the society.

The trial court and the high court were therefore right in coming to the conclusion that this is one of those rarest of rare cases in which death sentence is the appropriate punishment," the court had said in its judgment. Sardar's plea seeking the review of the court's Feb 23, 2012 order was taken up for an open court hearing following the apex court constitution bench's Sep 2, 2014 decision that in the cases where the death sentence has been upheld by the apex court, the death row convict will have a right that his petition seeking a review will be heard by the three judges bench in an open court.

Source: http://news.webindia123.com/news/Articles/India/20150210/2535991.html [last accessed 12.02.2015)

Afzal Guru's hanging 'wrong', Shashi Tharoor tweets

TNN | Feb 9, 2015, 04.39 PM IST

NEW DELHI: In remarks which are likely to stir a controversy, Congress leader Shashi Tharoor on Monday termed Parliament attack convict Afzal Guru's hanging as "wrong and badly handled". Afzal Guru, who was handed a death penalty in the 2001 Parliament attack case, was hanged on February 9, 2013. "I think the hanging was both wrong & badly handled. Family should have been warned, given a last meeting & body returned," Shashi Tharoor, a Congress MP from Kerala, tweeted on Monday. Tharoor's comments come after five Congress MLAs in Jammu & Kashmir admitted in a signed statement that Afzal Guru's hanging was a "mistake."

"The demand for clemency for Guru was justified and his mortal remains should be returned to his family. The decision to not allow his family members to meet him one last time was also a mistake," the statement read. Meanwhile, several separatists leaders were detained or put under house arrest and prohibitory orders clamped in the city in the wake of protests called by them on the second anniversary of Afzal Guru's execution. Supporters of the Awami Ittihaad Party (AIP) shout slogans during a protest in Srinagar on February 9. Curfew-like restrictions were imposed in Safakadal, Maharaj Gunj, Khanyar, Rainawari and Nowhatta police station areas in the old city and Maisuma police station area in the commercial hub of Lal Chowk.

Source: http://timesofindia.indiatimes.com/india/Afzal-Gurus-hanging-wrong-Shashi-Tharoor-tweets/articleshow/46174764.cms [last accessed 09.02.2015]

Women's imminent executions likely to revive death penalty debate in India

By Andie Noonan and Joanna McCarthy

Updated about 4 hours ago

The imminent execution of the first women to receive the death penalty in India since independence is likely to revive long-standing debate in the country about its use of capital punishment. The two sisters, Renuka Shinde and Seema Gavit, kidnapped 13 children under the age of five in the early 1990s and brutally murdered at least seven of them in the state of Maharashtra. Human rights lawyer Asim Sarode, who worked on the sisters' mercy plea, does not expect the executions to take place until at least next month.

Although personally opposed to the death penalty, Mr Sarode said given the nature of the sisters' crimes, he did not believe the Indian public would be in a hurry to see the laws change in this case.

"India as a society is not very much concerned about the way of punishment," he told the ABC. "They are of very general thought that punishment should be hardened and it will create [an] impact and fear on people not to commit offences. This is a very traditional way of thinking." Some, however, have spoken out against the sentence. The MP for the sisters' home state of Kolhapur, Dhananjay Mahadik, told The Independent that while the women's crimes were "very serious", he believed women should not face the death penalty. The sisters' case has also been championed by human rights groups which have long campaigned for capital punishment to be abandoned.

"We oppose the death penalty altogether because it's irreversible, inhumane," Meenakshi Ganguly from Human Rights Watch told the ABC. "Every time there is a serious incident like the gang rape in Delhi in 2012, almost always the demand in the protest is for a hanging. "That to me is the concern, it is the maximum punishment that anyone can receive so therefore people ask for it when they're outraged by the crime." But the punishment also has many supporters in India's legal and political system. "Nobody values anything more than his or her life, and any system that takes away your life will terrify you," Pinky Anand, a Supreme Court lawyer and politician, told the New York Times last year.  "It is human psychology in addition to criminal jurisprudence."

'Rarest of the rare cases'

While the Supreme Court has long stipulated that death sentences should be reserved for "the rarest of the rare cases", there have been a number of high-profile executions in recent years. In 2013, the country executed Muhammad Afzal, who was convicted of plotting the 2001 attack on India's parliament, and in 2012 it hanged Ajmal Kasab, the lone surviving gunman of the 2008 Mumbai terror attacks which killed 166 people.

In 2013, the scope of the death penalty increased with greater penalties for rapists, introducing the death penalty when a woman dies from her injuries. This followed the gang rape and murder of a 23-year-old woman which sparked violent protests in several cities. Amnesty International has said executions in India are usually carried out without notice and in secret. In a 2013 report, it said the president of India hadrejected the mercy petitions of 18 prisoners that year, the most rejections by any leader for almost 25 years. The group also said information on decisions on mercy petitions was removed from the president's secretariat website. Mr Sarode said the country's Supreme Court asked the government for more certainty, including giving prisoners seven days' notice before they are executed.

Use of capital punishment called into question

The efficacy of capital punishment was already on the public agenda when the women's pleas for clemency were rejected by India's president Pranab Mukherjee last year.

In May, India's Law Commission, which advises the ministry of law and justice, issued a discussion paper asking for public opinion on whether the death penalty should be applied and in what circumstances.

When there's public anger the state tends to think this is a way of showing that they're doing something by executing people. - Meenakshi Ganguly, Human Rights Watch.

It followed a Supreme Court case which found that "inordinate and inexplicable" delays in carrying out executions were grounds for commuting death sentences, and suggested the Commission could investigate "whether death penalty is a deterrent punishment or is retributive justice or serves an incapacitative goal".

In January, Indian man Surendra Koli had his death sentenced commuted to life in prison on the basis officials took too long to carry out his execution.

He was convicted in 2009 over the gruesome killing of five children in a workers' colony in a middle-class neighbourhood in north Delhi. However, Ms Ganguly says there remains a serious issue as long as the death penalty remains in place. "In fact in the region we've seen that Pakistan, which had a moratorium [on the death penalty], has gone back to hanging a lot of people after the Peshawar attacks," she said. "When there's public anger the state tends to think this is a way of showing that they're doing something by executing people."

Source: http://www.abc.net.au/news/2015-02-06/womens-execution-revives-death-penalty-debate-in-india/6059596 [last accessed 06.02.2015] 

‘Lapses’ that led Allahabad HC to commute Nithari killer’s death

Written by Prashant Pandey | Allahabad | Posted: February 5, 2015 1:42 am 

The Allahabad High Court, which commuted the death sentence of Nithari killings convict Surender Koli, has cited glaring lapses on part of the state government in dealing with his mercy petition. “Evidently, the state government had no processes and systems in place to deal with or streamline the disposal of mercy petitions for death convicts, filed under Article 161 of the Constitution. Surely, a matter as serious as one impinging upon the Right to Life cannot be dealt with in such a cavalier fashion,” the court said in its January 28 order, the details of which became available on Wednesday. The court has pointed out the following lapses: 

* The processing of the mercy plea started on the basis of a Government Order (GO) passed on April 3, 2005, which dealt with grant of pardon by the Governor. Later, the Prison department realised this GO applied only to those convicts who were on the death row. 

* The principal secretary (Home) admitted in writing that he did not have the jurisdiction and competence to make recommendations on a mercy petition. Yet, the court found that he made a firm recommendation, saying Koli should not be granted mercy plea. 

* The Law department, which should have dealt with the matter in detail, went by the recommendation made by the principal secretary (Home), which was invalid. 

* The legal advisor to the Governor submitted that the findings arrived at by the courts regarding guilt, conviction and quantum of sentence of the convict was ‘binding’ on the Governor. The court said such an advice prevented the Governor from exercising his Constitutional rights. 

* On the issue of delay, the court pointed out that of the three years and three months taken to complete the process of mercy petition — May 7, 2011 to August 2, 2014 — the state government took two years and two months, while the Centre took one year and 15 days. 

* Further, the court pointed out that even the first basic exercise – of the reports being called from district magistrates of Ghaziabad and Gautam Budh Nagar as well as prison authorities took nearly one-and-a-half years. 

* Referring to the Jail Manual — which gives seven days to convicts for filing a mercy petition — the court said, “Surely, if such an obligation is cast upon the convict, the least that is to be expected is, a decision on a petition ought not to be prolonged unduly.” 

* The court also took into account the plea of the petitioners that Koli had, in violation of Constitutional provisions, been kept in solitary confinement since he was first convicted and handed death sentence in 2009. Under rules, a death row convict cannot be kept in solitary confinement until the order attains finality following rejection of mercy petition by the President. 

* The court took into account the wrong issuance of warrants by the Additional Sessions Judge of Ghaziabad, in which, instead of specific dates, a range of dates were mentioned for the execution. 

* The court rejected the plea of state authorities that the gravity of the crime and not only delay should be taken into account on the ground that law dealing with execution of death sentence too has a humanising element and had to be seen in the light of Right to Life. 

Source: http://indianexpress.com/article/india/india-others/lapses-that-led-allahabad-hc-to-commute-nithari-killers-death/ [last accessed 06.02.2015]

Six handed death sentence since 2013 for crimes against women in Madhya Pradesh

A total of six persons have been awarded the capital punishment in cases pertaining to crimes against women in Madhya Pradesh in the last two years after the state government strengthened its prosecution to check the high rate of such violations. "Six men have been handed the capital punishment for crimes against women since January, 2013," said Joint Director Pradeep Bhatia of MP Police's Public Relations. He said that 484 cases of crimes against women have been disposed of by trial courts since January, 2013. Life imprisonment was awarded in 42 cases while 59 cases saw the convicts receiving jail terms of more than 10 years.

In 377 cases, the prison sentences were of less than 10 years' duration. In 2012, 808 cases of crimes against women were registered in the state. In two cases, courts handed down the death sentence while life imprisonment was awarded in 137 cases. A sentence of 10 years or more was passed in 137 cases, 5 years' imprisonment or more in 241 cases and less than 5 years' imprisonment in 291 cases, Bhatia said.

Source: http://www.dnaindia.com/india/report-six-handed-death-sentence-since-2013-for-crimes-against-women-in-madhya-pradesh-2057096 [last accessed 11.03.2015]

Bombay HC commutes man’s death sentence to life

Shibu Thomas, TNN | Jan 29, 2015, 03.54AM IST

MUMBAI: A 28-year old Solapur resident who stabbed to death his son and sister-in-law - both minors, and attempted to murder his wife escaped the gallows on Wednesday. The Bombay high court held Sunil Ombase guilty of the double murder, but commuted his punishment to a life imprisonment and 10 additional years in jail on the attempt to murder charge. 

Ombase had claimed that his wife taunting him of impotency had led him to assault her and the children in a fit of rage. While his wife denied the allegation, she admitted in cross examination that she had provoked her husband and he had no intention to kill them. This admission by the wife, as well as the Ombase's young age and the fact that he had no criminal antecedents weighed with the court, which commuted his punishment. 

'' We are of the considered view that it is not a case which falls in the category of "rarest or rare" case where imposition of death sentence is imperative,'' said a division bench of Justice Vijaya Kapse- Tahilramani and Justice Ajay Gadkari. 

The contention of Ombase's lawyers that this was not a case of murder, but culpable homicide not amounting to murder, was however not accepted by the HC. ``Even if the accused was not having intention to commit murder of the children, he inflicted knife blows on two innocent helpless children thereby causing a bodily injury, sufficient to cause death in the ordinary course of nature and therefore, the offence committed by the accused with respect to the said two children falls undoubtedly within the purview of Section 302 of the Indian Penal Code (murder),'' the HC ruled. 

The incident took place on New Year's Eve - December 31, 2012, when following an argument Ombase stabbed his wife and then stabbed the two sleeping children. Ombase fled after the incident and neighbours rushed the injured to the hospital. The children were declared dead on arrival and his wife survived. Ombase was arrested over one and a half months after the incident. A sessions court in 2013 convicted Ombase and sentenced him to death. 

Source: http://timesofindia.indiatimes.com/city/mumbai/Bombay-HC-commutes-mans-death-sentence-to-life/articleshow/46048650.cms [last accessed 06.02.2015] 

Maharashtra: High Court commutes death sentence of Solapur man who killed son and niece

Wednesday, 28 January 2015 - 7:15am IST | Place: Solapur | Agency: dna | From the print edition Urvi Mahajan

In August 2013, the sessions court at Solapur convicted Ombase for murdering the two children and assaulting his wife, and sentenced him to death.

The Bombay high court on Tuesday commuted the death sentence of a Solapur man who had killed his three-year-old son and nine-year-old niece after attacking his wife on December 31, 2012. A division bench of Justices VK Tahilramani and Ajey Gadkari set aside the death sentence of Sunil Ombase and sentenced him to life imprisonment for the murders.

Ombase used to work as a labourer in Mumbai and would visit hometown Solapur once a month. Suspecting his wife's character, he would often fight with her. On the night of December 31, 2012, Ombase asked his wife to choose between him and their son. When she refused to reply, he became angry and assaulted her, after which she managed to run outside the house. However, their son and niece were sleeping on a cot nearby and became his target. He assaulted them, which resulted in their deaths.

In August 2013, the sessions court at Solapur convicted Ombase for murdering the two children and assaulting his wife, and sentenced him to death. Since all death sentences need to be confirmed by the HC, the state filed a petition in the HC, seeking confirmation of the death penalty. Additionally, Ombase had challenged his death sentence, pleading innocence.

Source: http://www.dnaindia.com/india/report-maharashtra-high-court-commutes-death-sentence-of-solapur-man-who-killed-son-and-niece-2056071 [last accessed 09 April 2015 ]

Nithari serial killings: Surender Koli’s death sentence commuted by Allahabad High Court

Death sentence of Surender Koli, convicted in 2006 Nithari serial killings case, was on Wednesday commuted to life imprisonment by the Allahabad High Court on the ground of “inordinate delay” in deciding his mercy petition. Division Bench comprising Chief Justice D Y Chandrachud and Justice P K S Baghel held that execution of Koli’s death sentence would be “unconstitutional in view of the inordinate delay” in deciding his mercy petition. The order came on a Public Interest Litigation filed by NGO People’s Union for Democratic Rights (PUDR) which contended that the period elapsed in disposal of Koli’s mercy petition was “3 years and 3 months” and, as such, execution of death sentence would be in violation of the Right to Life granted in Article 21 of the Constitution.

A petition filed later by Koli himself, challenging the death sentence on the same ground as the one stated in the PIL, has also been clubbed with it. The death sentence was awarded to him by a special CBI court at Ghaziabad on February 13, 2009. The PIL was filed on October 31 last year, three days after the Supreme Court rejected Koli’s recall application. The death warrant issued by the trial court on September 2 had fixed September 12 as the date of hanging, though its execution was stayed in view of the apex court’s decision to hear the recall application.Rejection of the recall application had cleared the decks for execution of the death sentence, but it was stayed by the High Court on October 31 when it decided to hear the PIL.

After his appeal against the trial court order was turned down by High Court on September 11, 2009 while co-accused and his employer Moninder Singh Pandher was acquitted, Koli filed a petition before the Supreme Court challenging his conviction which was dismissed on February 15, 2011. Koli, thereafter filed his mercy petition before the Governor of Uttar Pradesh on May 7, 2011, which was rejected 23 months later, on April 2, 2013. The mercy petition was thereafter forwarded to the Union Home Ministry on July 19, 2013 and it was turned down by the President on July 20, 2014. The court had agreed to hear the PIL disagreeing with the Centre’s preliminary objection that “the convict (Koli) had not filed a petition (at the time of filing of the PIL) challenging the rejection of his mercy petition”.

“The proceeding which has been instituted before this court is not in the nature of an appeal on merits against the order of conviction. “The petition seeks to question the constitutionality of the execution of the sentence of death in the present case, on the ground of a delay on the part of constitutional authorities in disposing of the mercy petitions,” the court had said.Pandher and his domestic help Koli were arrested on December 29, 2006, after the police recovered skeletons and other belongings of missing girls from the drain outside his house in Noida on the outskirts of the national capital. Koli had allegedly killed several girls, chopping their bodies to pieces before throwing them in the backyard and in the drain.

Source: http://indianexpress.com/article/india/india-others/nithari-killer-surinder-kolis-death-sentence-commuted-to-life-by-allahabad-high-court/2/ [last accessed 11.03.2015]

Madhya Pradesh - Man gets death sentence for rape and murder of 9-yr-old

Press Trust of India  |  Rajgarh (MP)  

January 23, 2015 Last Updated at 23:20 IST

A local court today awarded the capital punishment to a man for the rape and murder of a nine-year-old girl in March last year. The court also imposed a fine of Rs 5,000 on Jagdish alias Jagga, the convict. 

The sentence was pronounced by District Judge R K Dube. According to prosecution, the incident took place at Parlapura village of the district on March 9, 2014. Jagdish lured the girl, who had stepped out to fetch water from a hand pump, by offering her a biscuit and raped her. When she started screaming, he killed her and hid the body in a field.

Source: http://www.business-standard.com/article/pti-stories/man-gets-death-sentence-for-rape-and-murder-of-9-yr-old-115012301512_1.html [last accessed 06.02.2015]

Tamil Nadu - Engineering graduate gets death sentence for murder

Press Trust of India  |  Chennai  

January 21, 2015 Last Updated at 20:25 IST

A court here today sentenced to death a 28-year old aeronautical engineering graduate, who has also undergone training for working as a pilot, for murdering a pawn broker in the city in 2012 for gain. "This was such a brutal murder for gain. A murder in cold blood and only a sentence of death would meet the ends of justice and be a deterrent," Poonamallee District and Sessions Judge S Mahalakshmi said in her judgment. 

Ramajayam alias Appu, a native of Cuddalore District who completed his BE Degree here and undergone pilot training in Sri Lanka, was also awarded maximum punishment for tresspass (ten years), robbery (ten years), and misappropiration of property (three years) considering the gravity of the offence. He murdered pawn broker Guna Ram, alias Ganesh, on April 14, 2012 at his shop in Nerkundram here and took away jewelleries. The murder had sent shock waves and pawn brokers protested by downing shutters. 

In her judgment, the Judge said this was a case fit for giving death sentence, a "rarest rare case," in keeping with the rulings of High Court and Supreme Court. Ramajayam had evaded arrest for a month after the murder and also attempted to kill women for gain at Pallikaranai here, the Judge noted. "If he had managed to escape even after that, he would have continued to commit crimes for gain. Despite his education, he did not live by working and chose crimes instead," she said. 

"I concur with the Public Prosecutor Andaman K Murugan that such elements are dangerous to society and there is no scope for him to reform after a prison term," she observed. Out of the 30 witnesses, one turned hostile. CCTV footages were a crucial part of evidence in this case. 

After the murder, Ramajayam mistook imitation jewellery to be genuine and fled the scene with it. A police official said Ramajayam was apprehended when he tried to cheat women by claiming to give vaccination for swine flu in Pallikaranai in May 2012. "He tried to kill a woman for gain after gaining access to her house as a health worker. He was however caught and handed over to police. Probe revealed that he was the culprit in the murder of pawn broker too," the official said.

Source: 

http://www.business-standard.com/article/pti-stories/engineering-graduate-gets-death-sentence-for-murder-115012101285_1.html [last accessed 06.02.2015]

DEATH CAN BE AWARDED INSPITE OF YOUNG AGE: CHHATTISGARH TO SC

Agencies | Jan 20, 2015, 08.29 PM IST

New Delhi: Death sentences can be awarded inspite of the young age of a convict and there are several judgements to buttress it, Chhattisgarh government told the Supreme Court on Tuesday. The submission was made before a three-judge bench, headed by Justice A R Dave, which is hearing the review plea of condemned convict Sonu Sardar whose mercy petition has been rejected by the President after the apex court had upheld the death penalty.

The counsels for Chhattisgarh, Atul Jha and Dharmendra Kumar Sinha, said there were a number of cases in which the apex court have confirmed death penalty of convicts who were of young age at the time of commission of an offence. Raising objection to the submission of Sardar's counsel that the conviction should be re-visited, he said the circumstantial evidence proved that Sonu had played a "vital role" in the crime.

He cited apex court judgements where death sentence was confirmed in cases hinging on circumstantial evidence and there were more than one accused involved in the offence. The bench, which is hearing the plea in an open court in view of an earlier verdict that review petitions in death penalty cases would not be decided in closed chambers, fixed the matter for further consideration on February 10 saying "We intend to reserve a full day for hearing. We don't want to put constraints on anybody."

Sardar, who was few months above the age of minority, was convicted and sentenced to death for killing five family members including two minors of a scrap dealer in Raipur on November 26, 2004 by the trial court on February 27, 2008. The Chhattisgarh High Court and the Supreme Court had confirmed it on March 8, 2010 and February 23, 2012, respectively. The Supreme Court had, thereafter, on June 19 stayed execution of his death sentence. The President had rejected his mercy plea on April 21 last year.

Source: http://www.ahmedabadmirror.com/news/india/Death-can-be-awarded-inspite-of-young-ageChhattisgarh-to-SC/articleshow/45956634.cms [last accessed 06.02.2015]

Man sentenced to death for double murder in Odisha

Last Updated: Thursday, January 15, 2015 - 21:33 IANS 

Bhubaneswar: A court in Odisha Thursday awarded the death sentence to a man accused of double murder in 2011.

The district and sessions judge of Jajpur pronounced the death sentence on Ganeswar Mahanta for killing his widowed aunt Kanchan Mahanta and her father Dukhabandhu Mahanta over a property dispute March 14, 2011. 

The accused had hacked both of them to death with a sharp weapon, following a dispute over property in Banagaon Natasahi village in Jajpur district. Public prosecutor Kishore Kar said it was a heinous crime and falls in the `rarest of the rare cases' category. 

The dispute over the property between Kanchan and Ganeswar had grown bitter after the demise of the former`s husband, the investigating officer said. Ganeswar fled after killing the two but later surrendered before the police. 

Source: http://zeenews.india.com/news/odisha/man-sentenced-to-death-for-double-murder-in-odisha_1530860.html [last accessed 06.02.2015]

BEANT'S ASSASSIN TARA TO CHALLENGE EXTRADITION TO INDIA

Jan 13, 2015

BANGKOK, THAILAND - Jagtar Singh Tara, the alleged assassin of ex-Punjab CM Beant Singh will challenge Thai Court's order to extradite him to India. The US based rights group “Sikhs For Justice” (SFJ) has retained Thai attorneys specializing in extradition cases to represent Tara before the court.

A Top Thai defense attorney filed his appearance on January 13 before Thai Criminal Court on behalf of Tara.

After Tara was arrested, A Thai court on January 6, ordered Tara’s extradition on the request of Indian authorities for his alleged role in August 1995 bombing.

A team of Thai attorneys On January 12 along with SFJ’s legal advisor Gurpatwant Singh Pannun met with Jagtar Singh Tara in Bangkok where he is being held in a high security prison. Thai extradition experts and US based rights group plan to challenge Tara's extradition to India on the grounds that Thailand is signatory to UN Convention against Torture which prohibits extradition of an individual to a country where he will be subjected to torture.

Jagtar Singh Tara in his message conveyed through SFJ legal advisor stated that “Beant who was responsible for genocide of Sikhs in Punjab is still considered hero by the Indian state” “He is ready to challenge the Indian judicial system which is always unjust, unfair and biased against Sikhs” added Tara.

According to Gurpatwant Singh Pannun, legal advisor to SFJ, “Tara’s extradition to India will be in violation of UN Convention because if extradited he will possibly face death sentence in India. We will submit documentary evidence to Thai court proving ongoing torture on Sikh detainees in India”, added Pannun.

Beant Singh who was assassinated in August 1995 bombing was responsible for torture, disappearances and extra judicial killing of over 100,000 Sikhs during his tenure as Chief Minister of Punjab.

Source: http://www.panthic.org/articles/5563 [last accessed 06.02.2015]

Parkash Singh Badal hell-bent on release of terrorists, despite criticism

Manjeet Sehgal   |   Mail Today  |   Chandigarh, January 12, 2015 | UPDATED 10:49 IST

Despite facing widespread criticism, the Parkash Singh Badalled Punjab government seems to be going ahead with its agenda to secure premature release for convicted Khalistan militants who were sentenced to life imprisonment. The Shiromani Akali Dal (SAD) government has already moved the Supreme Court seeking its nod for exercising the premature release policy to free all lifers, most of them terrorists, who have completed their required sentence and were eligible for remission. In a major relief to the Punjab and Haryana governments, former terrorist Gurbaksh Singh Khalsa was on Saturday forcibly lifted from Lakhnaur Sahib Gurdwara where he had been fasting for the last 58 days. He was admitted to the civil hospital by the Ambala police.

Khalsa has been seeking the release of seven Sikh prisoners, including those convicted for the assassination of former Punjab chief minister Beant Singh in 1995 and the 1993 New Delhi bomb blast case. The gurdwara where he was holding his fast-unto-death had become a chosen spot for antinational elements, who assembled there and shouted pro-Khalistan slogans. Earlier on Saturday Sikh organisations, including the hardliner groups, called Punjab shutdown to extend support to Khalsa. The shutdown call evoked a mixed response. The impact was felt in Amritsar and Ajnala, while life remained unaffected in other parts of the state, including Batala, Phagwara, Jalandhar and Hoshiarpur.

The Amritsar district administration had deployed heavy police force in the city and other towns as a precautionary measure. The radical Sikhs protested in many parts of the state and demanded release of the Sikh prisoners. "We have demanded immediate release of the Sikh prisoners who are languishing in various jails. They should be released as per the government policy," Sikh Youth Federation Bhindranwale president Balwant Singh Gopala said. Khalsa,who began his indefinite hunger strike from November 14, 2014 in Ambala, sought the release of convicted terrorists Jagtar Singh Hawara, Paramjit Singh Bheora, Lakhwinder Singh alias Lakha, Gurmit Singh and Shamsher Singh. Khalsa's demand list also includes the release of 1993 Dehi bomb blast accused Devinderpal Singh Bhullar, who was awarded death sentence by a Delhi court. His death sentence was converted into life imprisonment by the apex court on medical grounds.

Khalsa had also expressed the desire to visit the Golden Temple Complex, but was not given permission. Punjab CM Parkash Singh Badal in his December 24, 2014 letter had requested various state governments, including Delhi and Chandigarh for premature release of 13 convicts. Meanwhile, in a major twist to the issue, the Punjab government has disclosed that it had already moved the apex court seeking Sikh prisoners' release.

"The state government has filed the application in the SC through its counsel Jagjit Singh Chabbra on January 8," a spokesperson for the chief minister's office said. He said the application in the court had been moved upon the instruction of Punjab CM. He said the government has also sought permission to consider and decide applications of the life convicts seeking premature release in the interest of the justice.

Source: http://indiatoday.intoday.in/story/parkash-singh-badal-akali-dal-release-of-terrorists/1/412736.html [last accessed 06.02.2015]

High Court refuses to hear petition on death penalty

Jan 11, 2015 - Shahab Ansari | 

Mumbai

The Bombay high court has refused to hear the petition for confirmation of death penalty awarded to the Shakti Mills gang rape case accused till the petitions filed by them challenging the constitutional validity of the Act that paved way for court to sentence them to death is decided. A division bench of Justice V.K. Tahilramani and Justice A.K. Menon issued a direction last month that “this matter” (confirmation petition filed by government of Maharashtra to get death penalty confirmed by the high court) should be placed before them for further directions after both the petitions filed by convicts Mohammed Kasim Shaikh alias Kasim Bengali and Mohammed Salim Ansari, challenging the validity of law is decided.

A confirmation petition is filed by the state because whenever the trial court awards death penalty to any convict it says that the punishment should be implemented only after the high court confirms lower courts’ judgment. In this case too the trial court said so and hence the state filed a confirmation petition. Mostly, the confirmation petition and appeal filed by accused against the trial court judgment is heard together, but in this case the accused have not challenged the trial court order so far.

Now the high court has refused to hear the confirmation petition in the Shakti Mills gang rape case because two petitions filed on behalf of two accused challenging framing on them additional charges under Section 376 (E) of the Indian Penal Code, which provides for maximum sentence of death in the case of a repeat offence of rape, is still pending before the high court.

Defence lawyer Moin Khan on behalf of Salim Ansari and advocate Anjali Awashti on behalf of Kasim Bengali had challenged the framing of Section 376 (E) on accused when the trial court framed this charge after pronouncing them guilty of gang raping a photojournalist. The accused were already convicted for raping a telephone operator-cum-receptionist at the same place and were facing death penalty after the new charge was framed on them. They also challenged the constitutional validity of this section. They had challenged Section 376 (E) on the ground that it is contrary to the Constitution of India. This provision was added to the Section 376 i.e. rape after the December 2012 Delhi gang rape.

While hearing this appeal, a division bench of Justice Naresh H. Patil and Justice Abhay Thipse in March 2014 had asked the Attorney General of India to file a reply on the constitutional validity of Section 376(E) and the matter is still pending. Taking this into consideration, another bench of the high court has said that it would hear the confirmation petition only after said petition is decided.

Jadhav, Bengali, Ansari, Siraj Rehman and a minor boy raped the 22-year-old photojournalist when she had gone to the mill compound in central Mumbai with a male colleague on an assignment on August 22, 2013. Since Jadhav, Bengali and Ansari were also convicted and sentenced to life imprisonment for the gang rape of an 18-year-old telephone operator, they were awarded death penalty in the photojournalist’s rape case.

Source: http://www.asianage.com/mumbai/high-court-refuses-hear-petition-death-penalty-839 [last accessed 06.02.2015] 

The shadow of the gallows

Kamila Hyat Thursday, December 25, 2014 

From Print Edition

The writer is a freelance columnist and former newspaper editor.

The sinister shadow of the gallows, with bodies swinging at the noose, has been appearing everywhere in Pakistan; a number of condemned prisoners have been hanged within days after the six-year moratorium on the death sentence was lifted in the wake of the horrendous attack in Peshawar which killed 132 children and nine adults. 

The reaction seems to be a straight desire for eye for eye revenge. No one appears to have bothered to think through what the impact will be, how these hangings go to further brutalise a society already numbed to pain and death, and the degree to which the action by the state not only gives out a very definite signal that killing people is acceptable but also threatens to trigger retaliation by the militants. The fear of this has already compelled schools in the Punjab to shut down while the fog which engulfs Lahore carries with it a strong element of invisible, but almost discernible, fear.

What is happening makes things even grimmer in our state, with no signs that anything that could really stop the militant menace is taking place. Bodies swinging in prison yards at dawn will change nothing. There is of course plenty of evidence from around the world that capital punishment does not bring down the rate of crime. In fact, it sometimes has the opposite impact. Studies proving this come from the 32 US states which retain the death penalty and the 18 which have abolished it. There are now less than 58 countries in the world which retain the death penalty for crimes other than treason. Around 140 have banned it altogether. 

The pressure on Pakistan to join the list of more civilised nations, which recognise that killing citizens has little impact on stopping crime, has been immense. It is also true that within our flawed justice system it is the poor that hang, and the rich and powerful who get away. This is as true in the case of terrorists as anyone else. 

One instance of this has come in the controversy over the planned hanging of Shafqat Hussain, who was only 14 when he allegedly committed the crime of murder and kidnapping for which he was sentenced to death. An international outcry has been created over the appearance of his name on the list of prisoners to be hung first of all.

So, let us accept that hanging is no real solution to the problem we face. What then is the solution? We need to come up with answers and we need to discover these answers as fast as possible. It has been too long already. One weight that rests on many minds is the issue of whether we are truly able to eradicate militancy at all. There are many of us who wonder that because its roots have been allowed to grow so deep into our soil and poison layer after layer of it as they push their way through. Revenge will not work; so what will?

We need to undo the hatred that was injected into our society in the largest doses during the 1980s, with the syringe readied even before this. How will this happen? There are no simple answers. But we have to begin with the hope that within the coming two decades we will be able to see something resembling change; something we can call hope. It is perhaps unrealistic to expect any fundamental alteration to come before this – but it should be possible to see some semblance of movement taking us towards the target of a society within which people feel safer and all opinions are respected.

Where to begin is not a very difficult question to answer provided we can muster up the desired will and the desired resolve. Clerics who spread hatred such as the Imam of the Lal Masjid in Islamabad need to be arrested. With his stone cold eyes, Maulana Abdul Aziz, refusing to even condemn the mass murder of children in their schools represents all that is wrong with our society. There are others like him. They run groups that function under new names to bypass the ban placed on them mainly in the 2000s. Astonishingly, these outfits are allowed to function and their leaders permitted to preach hatred. 

An effective law against hate speech is still to be put in place and implemented. Those that exist are virtually not used at all and even many policemen are entirely unfamiliar with them. The result is the existence of groups who through their names and actions advocate the killing of Ahmadis and other communities whose beliefs they find fault with. This situation, through legal reform carried out by parliament and through action taken by the government through its security agencies, has to be changed first of all.

We must also find a way to rein in a media that has become a monster out of control. Yes, of course, freedom of speech is a basic right and must be protected. But it should not extend to giving air time to people who spread intolerance, hatred and messages of violence by using television channels and their anchors to do so. We have seen this happen even after Peshawar – the attack that seems to have woken up a nation but which may still go without bringing about the kind of long-term reform we so badly need. 

School curricula are of course another place where mindset can be adjusted. We must use these books wisely. Their purpose has to be to spread knowledge, encompassing a wide set of views, with pupils taught to think and determine for themselves what path they most closely believe in. Blockades have been placed consistently in this process over the years, and have come most recently in KP where steps taken to broaden minds have been taken back and the fences of the past erected once more around the ability of children to think more freely and to look out at a world broader than the one most of them live in.

Ending militancy is also closely tied in with other realities of our society. These include ignorance, poverty and illiteracy. They allow militant groups to recruit young people who have nothing else to set their sights on and of course it is these young men who are converted into suicide bombers willing to give their own lives in order to take that of others. 

Development is the key to stopping this malignant process from spreading further. Rather than digging up road after road and paralysing cities such as Islamabad and Lahore with an ill-conceived metro project which has also caused vast environmental destruction, the money we have available must go into hospitals, into schools and into village infrastructure. Yes, placing MRI machines in hospitals, furniture in schools or drains in a village through which no pipe water flows is not as glamorous as announcing mega projects. But it is what we need most of all. 

At the same time we need to close down the madressahs which have cropped up because we have abandoned our public school system and allowed it to literally rot away. Right now, all these issues are being spoken of. It is time to do something about enforcing the steps discussed, since it is all too easy to predict our bloodlust and hanging people will solve nothing at all.

Email: kamilahyat@hotmail.com

Source: http://www.thenews.com.pk/Todays-News-9-292265-The-shadow-of-the-gallows?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+TheNewsInternational-Opinion+%28Opinion+-+The+News+International%29 [last accessed 06.02.2015]

SC commutes death over delay in mercy plea call

TNN | Dec 21, 2014, 12.48AM IST

NEW DELHI: The Supreme Court has commuted the death sentence of a condemned prisoner to life imprisonment due to "inordinate delay" of three years and 10 months by the Centre to decide his mercy plea. 

"Though no time limit can be fixed within which the mercy petition ought to be disposed of, in our considered view the period of 3 years and 10 months to deal with such mercy petitions in the present case comes within the expression "inordinate delay," a bench of justices Dipak Misra, R F Nariman and U U Lalit said 

While granting relief to the convict, the apex court also noted that the right of death convict was further violated by incarcerating him in solitary confinement for the last seven years ever since his death sentence was upheld by it in 2007. 

The Supreme Court had earlier ruled that a death convict should never be put to solitary confinement till his mercy petition was disposed of. 

In this case the convict Ajay Kumar Pal, presently lodged in Birsa Munda Central Jail in Ranchi, was awarded death sentence by trial court in April 2007 for killing 5 people including three children in 2003 in Jharkhand. His conviction and sentence was upheld by the Supreme Court on March16, 2010. Within a month he sent his mercy plea. 

His mercy petition was rejected by the President on November 08, 2013. Pal thereafter moved SC for commutation of his death sentence on grounds of delay on the part of government to decide his mercy plea. 

"The combined effect of the inordinate delay in disposal of mercy petition and the solitary confinement for such a long period, in our considered view has caused deprivation of the most cherished right. A case is definitely made out under Article 32 of the Constitution of India and this Court deems it proper to reach out and grant solace to the petitioner for the ends of justice. We, therefore, commute the sentence and substitute the sentence of life imprisonment in place of death sentence awarded to the petitioner," the bench said. 

Source: http://timesofindia.indiatimes.com/india/SC-commutes-death-over-delay-in-mercy-plea-call/articleshow/45589897.cms [last accessed 06.02.2015]

Supreme Court commutes man's sentence from death to life imprisonment

Saturday, 20 December 2014 - 7:30am IST | Place: New Delhi | Agency: dna

Prabhati Nayak Mishra

Holding the Central government responsible for causing "in-ordinate delay" for nearly four years in deciding the mercy plea of a death row convict, who had killed his master, a serving Indian Forest Service officer, and four other family members including three children in June 2003, the Supreme Court has commuted his sentence to life imprisonment.

The court has not only dealt with the delay in execution of death sentence but also the issue that he was kept in solitary confinement from the same day the apex court had dismissed his appeal against the capital punishment. A three-judge bench headed by Justice Dipak Misra has taken into consideration not the verdict wherein the death sentence stands imposed, but the subsequent circumstances.

The death sentence awarded to Ajay Kumar Pal by the trial court on April 9, 2007 attained finality when the Supreme Court confirmed the capital punishment on March 16, 2010. He preferred mercy petition on April 10, 2010 which came within a month of the decision of this Court and he was informed in January 2014 about the rejection of his mercy plea by the President in November 2013. "Though no time limit can be fixed within which the mercy petition ought to be disposed of, in our considered view the period of 3 years and 10 months to deal with such plea in the present case comes within the expression inordinate delay." The delay is not to the account of the petitioner....but is certainly to the account of the functionaries and authorities concerned," the bench also comprising justices Rohington Nariman and UU Lalit said on Pal's plea to commute his sentence.

"The petitioner (Pal) has all the while been in solitary confinement i.e. since the day he was awarded death sentence. In the light of the enunciation of law by this Court, the petitioner could never have been"segregated"till his mercy petition was disposed of...," the bench said while terming "this is complete transgression of the right under Article 21 (right to life) of the Constitution causing incalculable harm to the petitioner."

Pal was working as a domestic help for 10 years at the house of a serving Indian Forest Officer Dhirendra Kumar in Gandhi Vihar area Ranchi. In June 2, 2003 Pal had killed Kumar and four others and later set the house on fire. Next day morning, the neighbours found him hiding in the well after committing the crime.

Source: http://www.dnaindia.com/mumbai/report-supreme-court-commutes-man-s-sentence-from-death-to-life-imprisonment-2045482 [last accessed 06.02.2015]

Bill to abolish death penalty moved in Rajya Sabha

NEW DELHI, Dec 19, 2014, DHNS

Communist Party of India-Marxist MP P Rajeev introduced the private members bill in the Rajya Sabha recently seeking to abolish death penalty. The bill seeks to bring in amendments to the Indian Penal Code (IPC), the Narcotics Drugs and Psychotropic Substances (NDPS) Act and the Army Act.

Section 53 of the IPC, 31A of NDPS Act and 34 of Army Act deal with capital punishment and the MP wants these provisions to be deleted. “So far, 98 countries have abolished death penalty. It is time for India to follow suit,” the bill moved by Rajeev stated.

The bill comes at a time when a section of activists and lawyers are campaigning against the execution of Surender Kohli, who is convicted in the Nithari serial killing case. As per official statistics, there were 182 death convicts in India at the end of 2013.Giving the rationale for such a bill, Rajeev told Deccan Herald that death penalty is “pre-meditated and cold blooded killing of human beings by the State.”

He said most of those sentenced to death are from the poor strata of the society, as they couldnot afford quality legal help. Officials figures show that death sentence of 1,552 convicts was confirmed, while the death sentences for 4,382 convicts were commuted to life imprisonment. This implies that 5,934 convicts were given death sentence in the last 12 years in India, which would mean that two convicts were given death sentence every working day of the judiciary, a report by NGO Asian Centre for Human Rights said recently.

Source: http://www.deccanherald.com/content/448493/bill-abolish-death-penalty-moved.html [last accessed 06.02.2015]

Death for seven commuted

Vasantha Kumar, TNN | Dec 18, 2014, 06.17AM IST

BENGALURU: The Karnataka high court on Wednesday commuted the death penalty of 7 members of the banned Deendar Channabasaveshwara Anjuman sect in connection with the 2000 serial church blasts. But the conviction of all 22 accused in the case has been upheld. 

The blasts had occurred in June-July 2000 in Bengaluru, Hubballi and Wadi in Kalaburagi district. A division bench headed by Justice N Kumar commuted the death penalty awarded by a special court in 2008 to 7 of the convicts to life sentence. Also, the life sentence imposed on 15 other members of the sect has been upheld. 

"The evidence on record clearly establishes that each of the accused is party to the conspiracy. They wanted to see how Hindus and Christians fight among themselves, so that peace in the society is destroyed. They printed pamphlets and circulated them, with the hope that Christians and Hindus would lock horns. In a country which believes in peaceful co-existence of all religions, the action of these is unpardonable," the bench said. 

The bench even cited Karnataka's anthem penned by Rashtrakavi Kuvempu to describe the state as a garden of religions. While commuting the death penalty, the bench said no loss of life was reported in the blasts and the only intent was to bring disharmony. 

"It is of utmost importance that a strong message is sent to all these misguided, evil-minded elements in society and in particular, the youth of the Muslim community to desist from indulging in any such anti-national activities lest the entire community gets a bad name. This is a country and state, which belongs to all religious denominations," the bench added. Zia-ul-Hassan, the kingpin, went absconding with his four children to Mardan city of Pakistan, and later died.

Source: http://timesofindia.indiatimes.com/city/bengaluru/Death-for-seven-commuted/articleshow/45556579.cms [last accessed 06.02.2015]

382 convicts on death row in country's jails: Centre

Last Updated: Tuesday, December 16, 2014 - 15:35 PTI 

New Delhi: There are 382 convicts serving death sentence in the country, by the end of 2013,Lok Sabha was informed on Tuesday.

Minister of State for Home Haribhai Parathibhai Chaudhary said in last 34 years about 123 mercy petitions were received under Article 72 of the Constitution for consideration of the President. All these mercy petitions have been considered or disposed of except three -- Balwant Singh Rajoana of Chandigarh, Tote Dewan alias Man Bahadur Dewan of Assam and Antony of Kerala, he said in reply to a written question.

These petitions have been processed or submission to the President. "Under Article 72 of the Constitution there is no limitation of time within which the power conferred may be exercised. However, the mercy petitions are disposed off as expeditiously as possible," he said.

Source: http://zeenews.india.com/news/india/382-convicts-on-death-row-in-countrys-jails-centre_1515672.html [last accessed 06.02.2015]

Tamil Nadu - Death sentence for killing three persons

Press Trust of India  |  Udhagamandalam(TN)  December 16, 2014 Last Updated at 19:01 IST

The Mahila Court here today awarded death sentence to a 22-year-old man for murdering three persons, including two women, at Srimadurai in Nilgiris district in 2012. 

The prosecution case was that Tibu had brutally killed the three on November 11, 2012 for not sharing with him the revenue from a tea estate. 

The Judge M Sarvamangala awarded capital punishment to Tibu for the crime.

Source: http://www.business-standard.com/article/pti-stories/death-sentence-for-killing-three-persons-114121600791_1.html [last accessed 06.02.2015] 

Death sentence for man convicted for murderous acid attack

By: Press Trust of India | Morena | Posted: December 13, 2014 6:55 pm

The Gwalior bench of Madhya Pradesh High Court has upheld the capital punishment awarded to a man by the sessions court for causing a woman’s death by throwing acid on her. The High Court on Friday dismissed the appeal filed by Yogendra Tomar against the verdict of additional sessions judge.

Assistant public prosecutor Ramniwas Tomar said that Yogendra threw acid on the woman, Ruby, on July 21, 2013 after forcing entry into her house in Morena town. Some acid also fell on her mother and brother, injuring them. In her dying declaration, Ruby told the police that Yogendra wanted to have an intimate relationship with her and she had spurned him.

Yogendra, a married man, was allegedly involved in a murder earlier too, according to the prosecution. On July 24 this year, additional sessions judge P C Gupta awarded death sentence to Yogendra. The division bench of Justices S K Gangale and Rohit Arya on Friday upheld the lower court’s verdict.

Source: http://indianexpress.com/article/india/india-others/death-sentence-for-man-convicted-for-murderous-acid-attack/ [last accessed 06.02.2015]

Soumya murder: Man sentenced to imprisonment till death

Last Updated: Wednesday, December 10, 2014 - 16:20 PTI 

Mangaluru: A man, convicted of killing a 22-year-old engineer last year when she resisted rape, has been sentenced to imprisonment till his death by a special court.

The court, which had convicted Satish (25), hailing from Kashekodi in Bantwal on December 2, announced the quantum of sentence yesterday. An amount of Rs 30,000 also was imposed on him under different sections of Indian Penal Code by Judge H S Pushpanjali Devi. The court ordered the amount to be paid to the family of the victim Soumya.

The court directed the Legal Services Authority to disburse maximum eligible compensation to the family as per compensation scheme 2013. Public prosecutor of the case Shivaprasad Alva K had said in his arguments that if the accused was awarded life term he may get released after 14 years or earlier and might create problems for Soumya's family and other witnesses in the case. Hence he had sought life imprisonment till death for Satish.

Soumya (22), belonging to Baltila village in Bantwal, was dragged away by Satish while she was walking home on February 24, 2013 and murdered when she tried to resist a rape attempt. Her body was tossed into a pond by the accused. She was returning from Udupi where she was staying with a relative. She had secured a job in Manipal near Udupi just two weeks prior to the murder. Statements of 26 witnesses were recorded during the trial besides medical reports and police investigation reports.

Source: http://zeenews.india.com/news/soumya-murder-man-sentenced-to-imprisonment-till-death_1512553.html [last accessed 06.02.2015]

Supreme Court extends stay on Yakub Memon's execution

Mail Today Bureau  New Delhi, December 11, 2014 | UPDATED 09:53 IST

The Supreme Court on Wednesday extended the stay on the execution of Yakub Abdul Razak Memon, the lone death row convict in the 1993 Mumbai serial blasts case. The court also sought responses from the Maharashtra Special Task Force (MSTF) and the Central Bureau of Investigation (CBI) on Memon's plea seeking review of the death penalty awarded to him.

In an open court hearing, a three-judge bench, headed by Justice AR Dave, said the execution of Memon shall remain stayed during the pendency of his review petition against the imposition of death penalty. The court fixed the matter for further hearing on January 28, 2015.

The counsel appearing for Memon said that neither the trial court nor the apex court gave special reasons for sending him to gallows. "My (Memon's) entire conviction is based on retracted confessions of several co-accused in the case. The judgment under review does not talk about the fact or evidence that I took part in any terrorist activity," Memon's lawyer argued on behalf of him. The lawyer also alleged that Memon was convicted and then sentenced to death by a special TADA court even before the complete judgment was delivered, hence, his conviction was not valid.

Earlier, review petitions were decided in chambers but, later, the apex court had ruled that such pleas, if directed against the imposition of death penalty, would be heard in an open court. The apex court had, on September 26, sought responses from the Maharashtra government and others on Memon's plea that his review petition against the death penalty be heard in open court. A constitution bench of the apex court had, on June 2, held that years spent behind bars during prolonged judicial proceedings cannot be a ground for converting death sentence to life imprisonment and review plea of condemned prisoners must be given an open court hearing. Taking a cue from the constitution bench judgment, Memon had said in his plea that according to the verdict, his review plea should be heard in an open court.

Memon is the second death row convict, after Nithari rapist-cum-serial killer Surinder Koli, who approached the apex court seeking hearing of a review plea in an open court.

Source: http://indiatoday.intoday.in/story/yakub-memon-execution-supreme-court-cbi-1993-mumbai-serial-blasts-case/1/406239.html [last accessed 06.02.2015]