Abolish Death Penalty India: Mumbai HC: Convicts in Jyoti Chaudhary rape, murder case challenge rejection of mercy plea

Saturday, June 15, 2019

Mumbai HC: Convicts in Jyoti Chaudhary rape, murder case challenge rejection of mercy plea

15 June 2019, 20:36 IST

22-year-old Jyoti Chaudhary was raped and murder by her company's cab driver and his friend in 2007.

Two convicts in Jyoti Chaudhary rape and murder case moved the Bombay High Court on Saturday challenging the rejection of their mercy plea by the President.

The execution of Purshottam Borate and Pradeep Kokade is scheduled for June 24.

A petition moved by them through lawyer Yug Chaudhary sought commutation of their death penalty.

The plea is slated to be heard on June 19, according to the lawyer.

22-year-old Jyoti Chaudhary was raped and murder by her company's cab driver and his friend in 2007.

The Pune District and Sessions court in 2012 had sentenced the duo to death. The sentence was later upheld by both Bombay High Court and Supreme Court in 2015.

The convicts then moved a mercy petition, which was rejected by the President of India in 2016.

A Pune court in April this year fixed the date for their execution on June 24.

Source: https://www.dnaindia.com/india/report-mumbai-hc-convicts-in-jyoti-chaudhary-rape-murder-case-challenge-rejection-of-mercy-plea-2761093

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The Death Penalty Scenario in India

India is one of 193 countries that retains the death penalty. Some judges have delivered landmark verdicts upholding the rights of death row prisoners, while debates continue advocating abolition or reform of sentencing policies. The Indian government remains committed to retention, asserting executions occur only in “rarest of rare” cases. The death penalty applies to crimes including murder, kidnapping, terrorism, desertion, inducement to suicide of a minor or mentally-retarded person, and in certain cases of rape. Outrage over child rape and murder has intensified these discussions. After an unofficial eight-year moratorium, the government executed Ajmal Kasab (Mumbai attacks) in 2012 and Afzal Guru (Parliament attack) in 2013, both covertly and immediately after mercy petitions were rejected. Prior to this, Dhananjoy Chatterjee was executed in 2004 after 13 years on death row. Following these, many mercy petitions have been rejected, creating fear among death row convicts. Courts continue to hand down death sentences at an increasing rate. Empirical studies highlight the plight of death row prisoners. The India Exclusion Report 2017-18 found fair trial rights largely denied, with convicts often marginalized by caste, religion, poverty, and education. The Death Penalty Research Project (2015) documented socio-economic profiles and experiences of death row prisoners. Dr. Reena Mary George’s studies (2014, 2009) emphasized poverty, social exclusion, and dignity as central to death row experiences, and examined the human rights impact of the penalty. According to the National Crime Records Bureau 2015, 101 prisoners were on death row, with many sentences commuted to life. The “rarest of rare” doctrine introduced by the Supreme Court in the 1980s has not substantially limited death sentences, which have increased over the decades. Justice Joseph (2018) reaffirmed the Bachan Singh judgment but urged restriction of the death penalty to only those cases meeting its criteria. While updating the blog and conducting my own empirical studies, I observed the heinous nature of the crimes that were committed and thought about the families, about their loss, about the victims who for no fault of their own died. If I lost my relative or a dear friend, would I still oppose death penalty and would I still advocate to abolish the death sentence? Having worked in the criminal justice system and also having the seen the other side, where often it is the marginalized, vulnerable and oppressed who are on death row makes me want to advocate for abolition of this punishment. Victims should definitely get justice for their loss, for their pain. No one should escape the rule of law. As long as humanity exists; crime will exist. Should we not re-consider our sentencing policies? Reena Mary George