Bombay High Court: Was death row man allowed phone call? (Maharashtra)

Shaikh, held guilty of conspiracy in the 2006 serial train bombings, was sentenced to death by a special MCOCA court.

Feb 27, 2019, 06:25 AM IST

The Bombay High Court has asked prison authorities to reply by Thursday on whether they allowed death row convict Faisal Shaikh to make a phone call to his mother from inside the prison. Shaikh, held guilty of conspiracy in the 2006 serial train bombings, was sentenced to death by a special MCOCA court. A division bench of justices Abhay Oka and AS Gadkari, while rejecting emergency parole leave sought by Shaikh, had asked the Yerwada prison authorities earlier this month to consider his application to allow him to speak to his aged mother. The application was made on January 14, soon after prison authorities rejected his parole application.

2006 train blasts 188 lives were lost in the 2006 blasts

Advocate Farhana Shah, appearing for Shaikh, argued that Shaikh "could have been taken in police escort as parole was sought on grounds of his father's death". However, the prosecution opposed the plea, saying cases of all convicts except foreigners and those on death sentence can be considered for grant of emergency parole. The court agreed with the prosecution's contention. However, as regards the request for a phone call to his mother, the bench said, "We are surprised to note that this application is pending since January 14. Considering the nature of the request, immediate consideration of the application is mandatory." Shaikh is one of 12 persons convicted in the blasts case. He is alleged to have worked with Azam Cheema, LeT commander-in-chief, and is alleged to have received arms training in Pakistan.

Black Tuesday

Seven serial blasts had ripped through Mumbai’s local trains on July 11, 2006. 188 persons died while 817 were injured. Five persons were sentenced to death while seven were given life imprisonment. One person was acquitted.

Source: https://www.dnaindia.com/mumbai/report-bombay-high-court-was-death-row-man-allowed-phone-call-2724443 (accessed on 29 May 2019)

Rapist gets death in MP, first after new law (Madhya Pradesh)

TNN | Jul 8, 2018, 04.14 AM IST 

BHOPAL: A court in MP’s Sagar district has awarded the death sentence to a man accused of raping a nine-year old girl on May 21 this year. SP Satyandra Shukla told TOI that this is perhaps the first case of capital punishment for child rape after the new law was passed by the state government. Madhya Pradesh chief minister Shivraj Singh Chouhan, who pursued the death-for-child-rape law with great resolve, said: “This will send a strong message to criminals. Our government was always determined for a law to hang those who rape children.” 

Home minister Bhupendra Singh termed the sentence “historic” and said it would send a message to criminals that the government will be merciless with those who rape kids. In December last year, the MP assembly had unanimously passed a bill seeking death for those found guilty of raping girls aged 12 and below. After the President’s approval, the bill became a law on April 21 this year. The convict, Bhaggi alias Bhagirath alias Narayan Patel, raped a child at a temple in Rehli tehsil. He was arrested within 12 hours from a jungle near the village and booked under IPC Sections 376 A & B for rape, 366 for abduction and Sections 3,4 and 5 of POCSO Act, said Shukla. 

Investigation was completed in 72 hours — including recording the statements of 25 witnesses — and the chargesheet filed on May 24. The DNA report was received on July 2, and that nailed Bhaggi. Additional public prosecutor P L Rawat said the hearing was completed in 46 days and additional district magistrate Sudhanshu Saxena Rehli pronounced the death sentence on Saturday. The home minister lauded police and prosecution for their promptness shown in the case. “The state government amended the law and made provision for death sentence to rapists of minors to teach them a lesson,” Singh said.

Source: https://timesofindia.indiatimes.com/india/rapist-gets-death-in-mp-first-after-new-law/articleshowprint/64901928.cms (Accessed 24 December 2018)

India Mumbai blasts 1993: Two sentenced to death (Maharashtra)

7 September 2017 

A court in the Indian city of Mumbai has sentenced two men to death for their role in bomb attacks in 1993.

The blasts, allegedly to avenge the killing of Muslims in riots, targeted a dozen sites and killed 257 people. Firoz Khan and Tahir Merchant were convicted of criminal conspiracy and murder and sentenced to death. Abu Salem, who fled India after the bombings and was extradited from Portugal in 2005, received a life sentence, along with Karimulla Khan. Another man, Riyaz Siddiqui, was sentenced to 10 years in jail. 

Inside the courtroom

The room where the sentences were read out looked like any other tired court chamber in India - small with peeling paint and wooden furniture. More than 100 people were packed into the court, mostly police, lawyers and journalists. Some other people had attended out of curiosity. As soon as the five convicts were brought in, they had their handcuffs taken off and sat with their lawyers. The judge made them wait an hour and a half before arriving at his judgement. Firoz Khan and Tahir Merchant seemed shocked as they were sentenced to death. Abu Salem - the most notorious - had a small smirk on his face as he was given his life sentence. Portugal only granted his extradition on the condition he would not be given the death penalty.

Seven men were detained between 2003 and 2010 and were tried separately as they were arrested towards the end of a previous trial. A court found six of them guilty in June. One man, Mustafa Dossa, died of cardiac arrest soon after his conviction. One man was acquitted. In 2015, Abu Salem, a key associate of Indian crime lord Dawood Ibrahim, received another life sentence for a 20-year-old murder, which was not connected to the blasts. Yakub Memon, the man convicted of plotting and financing the bombings, was executed in 2015.

History of Mumbai attacks

• March 1993: Series of explosions kill 257 people and injure 713
• August 2003: Four bomb attacks kill 52 people
• July 2006: Seven bombs go off on crowded trains within 11 minutes, killing more than 180 people and wounding hundreds
• November 2008: Gunmen carry out a series of co-ordinated attacks across seven high-profile locations, including two luxury hotels, the city's main commuter train station, a hospital, a restaurant and a Jewish centre, killing 165 people. Pakistan-based militants are blamed for the attacks and peace efforts between the two countries are derailed. Nine of the attackers were killed. Pakistani national Mohammad Ajmal Amir Qasab, who was captured alive, hanged in November 2012
• July 2011: Three near-simultaneous explosions during Mumbai's evening rush hour kill 18 people and injure 131

Source: https://www.bbc.com/news/world-asia-india-41183801 (Accessed 23 December 2018)

Supreme Court stays execution of Maganlal

J. Venkatesan

Published: August 8, 2013 04:05 IST | Updated: August 8, 2013 15:59 IST 

 

The Supreme Court on Thursdayextended until further orders its stay of the execution of Maganlal Barela , who was sentenced to death for beheading his five daughters after an argument with his two wives. 

On Wednesday night the Chief Justice of India P Sathasivam passed an interim order of stay of executionat his residence around 11.30 pm after senior counsel Colin Gonsalves approached him with a plea to suspend the execution scheduled for Thursday morning. 

Today during the resumedhearing before a bench of CJI and Justice Ms Ranjana Desai, counsel Colin Gonsalves submitted that the President didn't communicate the rejection of the mercy petition to the convict and he did not know when the mercy petition was rejected. He said there was no transparent and fair procedure in disposal of mercy petition. 

The CJI said, " slowly we are creating one more jurisdiction after the Supreme Court dismisses the criminal appeal and the President rejects the mercy petition."However the bench directed the present petition filed by People's Union for Democratic Rights on behalf of the convict to be listed along with a batch of other petitions to be heard by a constitution bench which will determine questions relating to delay in disposal of mercy petitions by the President and connected issues.

Last month, the Sehore District and Sessions Court issued a black warrant for Mr. Barela’s execution after President Pranab Mukherjee rejected his clemency petition last month. His plea to commute his sentence to life imprisonment had been rejected by the High Court and the Supreme Court. Barela killed his five daughters, aged 1 to 6, with an axe in the village of Kaneria on June 11, 2010. He tried to hang himself after the crime, but was unsuccessful. 

Source: http://www.thehindu.com/news/national/other-states/supreme-court-stays-execution-of-maganlal/article5001475.ece?homepage=true&ref=relatedNews [accessed 12th August 2013]

 

Death for Kerala child rapist-killer

Thursday, 01 August 2013 | PNS | Malappuram

A court in Kerala’s Malappuram district on Wednesday sentenced a middle-aged man for raping and murdering a nine-year-old girl. 
Pronouncing the death sentence on rapist-killer Abdul Nasser of Palambarambath, Nellikkuthu in the district, the Malappuram District and Sessions Court in Manjeri observed that the accused did not deserve even a speck of mercy. It had pronounced Nasser guilty of the crime the other day.The court said that the sentence should serve as a warning to many in the context of the increasing incidents of atrocities against children. Nasser had raped and killed nine-year-old Salva, daughter of Suhra of Elluparambu on April 4, 2012.
According to the prosecution, Nasser had raped Salva when she had come to his house at 6.30 am on the day of the crime to call his daughter Majida, her classmate, to go to the local Madrassa.Nasser, who was alone in the house as his wife and daughter had gone to a nearby house where a death had occurred, called her inside the house and raped her.
After raping the child, Nasser strangulated her using a shawl when she said she would inform her parents of the incident. He then hid the child’s body first in the kitchen and then in the bath room, the prosecution said. Nasser said that he had nothing to say when the court asked him for his response to the sentence. Salva’s mother Suhra said she had expected the court’s decision.
The prosecution had charged Sections 376 (rape), 301 (murder) and 201 (destruction of evidence) of the Indian Penal Code against Nasser. The court found Nasser guilty of the first two charges but observed that the prosecution had not been able to prove the charge of destruction of evidence.
The prosecution had produced in the court evidences like bloodstains of Salva found from Nasser’s house, the shawl with which he had strangulated the girl, etc. As many as 46 witnesses were examined in the case.

Source : http://www.dailypioneer.com/nation/death-for-kerala-child-rapist-killer.html

SHIVANI CASE: HC UPHOLDS DEATH SENTENCE TO RAJESH

Wednesday, 17 July 2013 PNS Indore Bhopal 

The MP High Court on Tuesday upheld the order of a local court which awarded death sentence to Rajesh Singh Sengar, uncle of seven-year-old Baby Shivani who was sexually abused and killed her later by the accused last year.

Shivani was sexually abused and murdered in September last year. Her father Prem Singh Sengar had given her to his cousin Rajesh in the hope that she would have a better future.A division bench comprising Justice Shantanu Kemkar and Justice MC Garg of the MP High Court passed the judgement. A local fast track court on March 12 this year had awarded capital punishment to Rajesh Singh Sengar, 41, for rape, unnatural sex and murder of seven-year-old niece Shivani, besides imposing a fine of Rs 10,000 on him. The court also awarded life imprisonment to his wife Baby Bai along with a fine of Rs 4,000.

The fast track court of seventh additional sessions judge Savita Dubey delivered the judgement in the case after just eight hearings during which a total of 20 witnesses were produced, including 12 neighbours of the victim. The accused Sengar had challenged the verdict of lower fast track court in the High Court.

Taking cognizance of his petition, the High Court upheld the verdict of the fast track court stating that the accused did not deserve a lesser punishment than what had been awarded to him by the fast track court. Meanwhile, the accused was contemplating to move the higher court. The accused Rajesh Singh Sengar, who is uncle of Shivani, subjected the girl to inhuman and unnatural sexual torture for a long time. The incident had elicited sharp protest from the city residents who took to streets in protest against the brutal incident. Following a mass protest of the city people, the police had referred Shivani murder case to a fast track court for early justice to the family of the deceased.              

Source: http://www.dailypioneer.com/state-editions/bhopal/shivani-case-hc-upholds-death-sentence-to-rajesh.html

IPC's Section 364A: Too harsh a provision?

TNN Jul 5, 2013, 04.30AM IST

NEW DELHI: The Supreme Court had laid down the "rarest of rare" criteria for courts to award death penalty only in select heinous and gruesome murder cases.
In this background, can Parliament enact a law providing for mandatory award of death penalty for those found guilty of murdering a person after kidnapping him to demand ransom? Would this not amount to pushing every offence of kidnap for ransom involving murder of the victim into 'rarest of rare' category without a judicial determination to that effect?
This question was framed by Justices T S Thakur and S J Mukhopadhaya while referring to a larger bench a petition challenging the constitutional validity of Section 364A of Indian Penal Code, which imposes mandatory death penalty in kidnap for ransom involving murder of the kidnapped.
The petition was filed by one Vikram Singh, who was convicted under Sections 302 (murder) and 364A of the IPC and awarded death penalty on both counts. The apex court had upheld his conviction and sentence.
But in his petition before the Supreme Court, his counsel D K Garg argued that if the court came to the conclusion that punishment provided under Section 364A of IPC was unconstitutional, then a lenient view could be taken on the death penalty awarded to his client under Section 302.
He argued that Section 364A made even a first time offender liable to be punished with death, which was too harsh to be considered just and appropriate.
Appearing for the Union government, additional solicitor general Sidharth Luthra argued, "It is within the legislative competence of Parliament to provide remedies and prescribe punishment for different offences depending upon the nature and gravity of such offences and the societal expectation for weeding out ills that afflict or jeopardize the lives of citizens and the security and safety of vulnerable sections of the society, especially children who are prone to kidnapping for ransom and being brutally done to death if their parents are unable to pay the ransom amount.
"The provisions of Section 364A are not only intended to deal with cases of kidnapping for ransom involving murder of victim but also cases in which terrorists and other extremist organizations resort to kidnapping for ransom or to such other acts only to coerce the government to do or not to do something."
The court agreed with Luthra that the petitioner had not questioned the competence of Parliament in enacting the law and said the petitioner challenged it only on the ground of harshness of the prescribed punishment.
The bench said, "The plea may indeed be in complete desperation but one can well understand such desperation among those who are waiting at the gallows for the hangman to put the noose around their neck. Dismissal of this appeal is bound to take them a step closer to the end.
"That apart, the questions (asked by the petitioner) may require an authoritative answer, by a bench of three judges, having regard to the fact that the death sentence awarded to the petitioner has been affirmed by a bench of two judges. The peculiar situation in which the case arises and the grounds on which the provisions of Section 364A are assailed persuade us to the view that this case ought to go before a larger bench of three judges for hearing and disposal."

Source : http://articles.timesofindia.indiatimes.com/2013-07-05/india/40391126_1_death-penalty-ransom-death-sentence

 

Nirbhaya effect: Govt favours death term for three

Himanshi Dhawan, TNN Jul 4, 2013, 05.01AM IST

NEW DELHI: It is the Nirbhaya effect on UPA-2. The government has recommended death penalty for three convicts found guilty of women-related crimes. While Madhya Pradesh resident Maganlal was found guilty of murdering his five daughters, Karnataka'sShivu and Jadeswamy were convicted of rape and murder. Both cases have been sent to the President for his assent by the home ministry. 
Shivu and Jadeswamy brutally raped and murdered an 18-year-old girl on October 15, 2001. The high court rejected the appeal and confirmed death penalty in November 2005. This was confirmed by the Supreme Court in 2007. Home ministry in April 2013 recommended rejection of the mercy petition following which two new mercy petitions were filed on Shivu's behalf. The petitions were filed by the condemned prisoner's mother Chellamma and by people and members of the Badrayyanahalli Kuratti Hosur gram panchayat. Subsequently, the case was sent to the President in June.
Madhya Pradesh's Maganlal murdered his five daughters on June 11, 2010 following which he was handed death sentence by the district court which was upheld by both the high court and the SC. The MP governor rejected the mercy petition in 2012 which was confirmed by the home ministry.
Both cases are now before President Pranab Mukherjee who is empowered by the Constitution to grant presidential pardon. Presidential pardon arises from Article 72 of the Constitution that empowers the President to pardon, grant reprieve or suspend, remit, commute sentence of person convicted of any offence. The President is guided by the home minister and the council of ministers.
The President has so far rejected nine mercy petitions sentencing 14 convicts including one woman to death since he took charge of Rashtrapati Bhavan in July 2012.
Among the first mercy petitions to be disposed of included 26/11 terrorist Ajmal Kasab's. He was executed in November 2012 which was the first hanging after 2004 and marked a sharp departure in India's policy towards death penalty.
Mukherjee has since rejected the mercy petitions of Saibanna Ningappa Natikar on January 4, 2013 and Parliament attack convict Afzal Guru on February 3. He commuted the death sentence for Atbir who was found guilty of murdering three relatives over a property dispute on November 15, 2012.
Between February and March 2013, Mukherjee rejected the mercy petitions of Veerappan aides Simon, Gnanaprakash, Madaiah and Bilavandran who killed 22 people by blasting a land mine, mass murderers including Suresh and Ramji, Gurmeet Singh and Jafar Ali. He also rejected the mercy plea of rapist-murderer Dharampal and that of Sonia and Sanjeev. Sonia, daughter of a former Haryana MLA, and her husband Sanjeev drugged and killed eight of her family in Hisar in 2001 including her parents. These cases have now been appealed in the Supreme Court by human rights activists. 

Source : http://articles.timesofindia.indiatimes.com/2013-07-04/india/40370259_1_atbir-saibanna-ningappa-natikar-mercy-petition
 

MP high court upholds death sentence of rapist, killer

TNN Jun 27, 2013, 02.42PM IST

JABALPUR: MP high court has upheld the death sentence of Nandkishore Valmiki who is charged with a rape of eight-year-old girl from Bhopal. On February 3 the girl who had gone to a fair with his brother was lured by the accused raped and brutally murdered.
The father of the child had reported her missing at the TT Nagar police station. Her decomposed body was recovered from the bush after the police was tipped off that a dog was seen running around with a human limb. Last seen with the girl, Valmiki later confessed his crime during the interrogation and was charge sheeted.
The district and sessions court in Bhopal had sentenced Valmiki to death on March 14, 2013 and the mater had come before the high court in appeal. Dismissing the appeal the division bench of Justice Ajit Singh and Justice Alok Aradhe held that such heinous crimes could be curbed only by taking strongest of measures against the guilty.
Source : http://articles.timesofindia.indiatimes.com/2013-06-27/bhopal/40232729_1_death-sentence-upholds-mp-high-court

Two sentenced to death for rape and murder

Vaibhav Ganjapure, TNN Jun 29, 2013, 01.05AM IST

NAGPUR: Seven years after a 19-year-old girl from Kalmeshwar was raped and murdered in a gruesome manner, the court on Friday sentenced the perpetrators — two hardened criminals — to the gallows. Rakesh Kamble (25), a resident of Gaurakshan slums in Wardha, and Amarsing Thakur (27), from Bajrang Nagar in city, were convicted for kidnapping, murder, and rape of Kanchan Meshram, a resident of Lonara slums in Kalmeshwar on December 18, 2005.
These two join seven others in the 'death penalty' club of Nagpur court over the last five years.
Looking at the past criminal record of the accused duo, including fleeing from police custody, the third district and sessions judge Vibha Ingle had no hesitation in putting the dastardly act under "rarest of rare" category. "They be hanged by neck till dead," the court mentioned while reading out an operative order in the packed courtroom.

Apart from the capital punishment, the duo was awarded lifer for gang rape, 20 years rigorous imprisonment for kidnapping for murder and another 10 years for criminal intimidation and trespassing into house at night. They were also fined Rs 22,000 on various counts. All the jail terms will run concurrently, the court ordered.
However, the duo was acquitted of charges under the Arms Act and Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Citing testimony of 19 witnesses, including the girl's parents, brother and other villagers, assistant public prosecutor (APP) Kalpana Pande strongly advocated the maximum punishment, contending that the accused were serial offenders and showed no signs of reformation.
Security was tight inside and outside the courtroom, considering the fact that the accused duo had a history of fleeing from custody and had created trouble every time they were brought for a hearing. Even Sadar PI Rajratan Bansod was personally present. There was no remorse on the faces of the convicts when the verdict was announced and they even threatened media persons with dire consequences.
The night of horror
Pande said the history-sheeter duo were friends with a cousin of the deceased and used to tease her. A few days before the incident, Kanchan had even rapped Rakesh for indecent behaviour and thrown a slipper at him. An enraged Rakesh then decided to teach her a lesson. He barged into the girl's small hut with Amarsing at about 3am, when she was sleeping with her parents and brother. Both were armed with knives and a country-made revolver.
Sensing trouble, Kanchan's mother signalled her to escape. She ran away from home and took shelter under the bed in her uncle's house. However, the goons entered by breaking open the front door and dragged her out. Her parents and other villagers tried their best to stop them, but the goons brandished their weapons to keep them at bay while taking her away.
Next morning, Kanchan's naked body was found at a nearby farm with 14 injuries, including stab marks and scratches on her private parts. Her blood stained clothes were lying all over the farm and blood was found splattered at many places, providing ample testimony of the spine chilling torment she underwent. The post mortem report confirmed her rape and murder.
The accused had fled to an unknown place after committing the crime. After a complaint was lodged at Kalmeshwar police, Rakesh was arrested at Khamgaon in Buldhana on June 6, 2006, six months after the incident. However, it took over five years for the police to nab the other accused Amarsing on May 29, 2005. In fact, he was arrested by Gwalior police for some other offence and was brought to the city for this case.

Source : http://articles.timesofindia.indiatimes.com/2013-06-29/nagpur/40270825_1_duo-nagpur-court-slums

Three get death sentences for rape and murder of four-year-old

ucanews.com reporter, Bhopal India April 29, 2013

A court in central Madhya Pradesh state sentenced three men to death for the rape and murder of a four-year-old girl on Friday in a case which has attracted less international attention than the more recent rape of a five-year-old in New Delhi but has prompted outrage in India.
In chaotic scenes, the crowd outside the courthouse in Indore, the state capital, tried to attack the three defendants – named as Babu, Jitrenda and Sunny – but were held back by police.
Judge Indra Singh called the crime the “rarest of the rare” after handing down the three death sentences despite an appeal by the defense who said the men were young and deserved leniency. All three are in their early twenties.
Autorickshaw driver Babu and his two unemployed friends were found guilty of abducting the four-year-old victim after she accompanied her father to a hospital in Indore for treatment for his tuberculosis in June last year.
After watching a marriage procession late in the evening, the girl then went missing. Her body was later found with a smashed skull in a drain close to a police station.
Police tracked down the three men responsible after they left a cheque and a note near the body in an apparent attempt to pay compensation. They were captured about 50 miles south of Indore in the town of Omkareshwar preparing to flee, police said.
The case is among the most gruesome in a string of high-profile recent rape cases in India that have sparked outrage inside the country and lurid headlines in international media.
Last month, a Swiss woman was raped in Madhya Pradesh during a cycle tour and on Saturday a six-year-old girl was raped in New Delhi in a public toilet, just a few days after a five-year-old was abducted and raped during a two-day ordeal.
The ruling Bharatiya Janata Party (BJP) has come under rising criticism from rival political parties with every new case, particularly in Madhya Pradesh, which has recorded the highest number of rape cases in the country in recent years. Government statistics show there are nine rapes a day and 25 gang rapes every month there.
Madhya Pradesh opposition Congress Party leader Ajay Singh said that the BJP has lost the "moral right to continue" in office as an “anarchy-like situation" prevails in the state with no safety for women and children.
“What we see is nothing but the absolute collapse of law and order,” said Badal Saroj, secretary of the Communist Party’s state unit.
In response to criticism, the government has attempted to fast-track the prosecution of rape cases, while in Madhya Pradesh State Minister Shivraj Singh Chauhan has ordered the establishment of a new 'neighborhood watch' scheme of community law enforcement modeled on the UK.
Source : http://www.ucanews.com/news/three-get-death-sentences-for-rape-and-murder-of-four-year-old/68133 

Bhopal : Death sentence in 6 cases from January 2013 till date

Ankur Sirothia, TNN | Apr 27, 2013
BHOPAL: In Madhya Pradesh, charge-sheets are being put up in courts by the police after completing investigation into cases of identified crimes against women within time-limit, the officials said.

From January 2013 till date, death sentence has been awarded in 6 cases, life imprisonment in 42 cases, over 10-year sentence in 59 cases and below 10-year sentences has been awarded in 377 cases. Accused in total 484 cases have been awarded punishment during this period.

During year 2012, convicts were sentenced by sessions courts in 808 cases of crimes against women. Of these, 2 were awarded death sentence, 137 life imprisonment, 137 over 10-year and 241 over 5 years and convicts in 291 cases were awarded less than 5-year imprisonment.

During year 2013, death sentence has been awarded to Rajkumar Urao, convict of rape and murder under police station Nainpur in Mandla district, Dilip Kumar Bankar under Jahangirabad police Station Bhopal, Panjam Lodhi under Belkhera police station Jabalpur, Anokhi under Khandwa police station, Nandkishore Bankar under TT Nagar police station Bhopal and Babu alias Ketan, Sunnay alias Devendra and Jitendra under MIG police station Indore, the officials added.  

Source : http://timesofindia.indiatimes.com/city/bhopal/Death-sentence-in-6-cases-from-January-2013-till-date/articleshow/19759473.cms

Two given death sentence in Bihar

16 April 2013 Press Trust of India DARBHANGA, 16 APRIL: A district court today sentenced two persons to death for killing a petrol pump owner and two others during a robbery in Bihar's Darbhanga district two years ago.
Additional District and Sessions Court judge SP Pandey also fined the convicts Rs 10,000 each.
The court acquitted one person for lack of evidence while another is absconding.
Another accused is facing trial in a juvenile court.
Three persons, including the owner of the petrol pump, were shot dead when they resisted a robbery in 27 January, 2011 at Nehra village under Manigachi police station area.
Source : http://www.thestatesman.net/index.php?option=com_content&view=article&id=452360&catid=36

Final hearing of death-row convict's petition on Thursday

J. Venkatesan: NEW DELHI, February 8, 2012

Mercy petition turned down by President after a delay of 12 years

The Supreme Court on Tuesday posted for final hearing on Thursday a Special Leave Petition filed by death-row convict Mahendra Nath Das, whose mercy petition was rejected by the President after an inordinate delay of 12 years and plea for commutation to life imprisonment on this ground was dismissed by the Gauhati High Court.

A Bench of Justices A.K. Patnaik and Justice Swatanter Kumar, without passing any order on his petition seeking stay on execution of death sentence, posted the main SLP, against the High Court order dated January 30, for final hearing on February 9.

Das, in his writ petition, had contended that the delay in deciding his mercy petition by the President and finally giving the assent for the death sentence had resulted in excruciating agony and trauma for almost 12 years for no explainable reasons and this was a valid ground for awarding life sentence.

On Tuesday, it was submitted by senior counsel Shyam Divan, along with counsel Vrinda Grover, that a Bench of Justices G.S. Singhvi and S.J. Mukhopadhaya had already listed for final hearing on February 22 the appeals filed by Devendar Pal Singh Bhullar and other connected matters relating to delay in deciding clemency petitions and that the appeal filed by Das be also listed before the same Bench.

However, the Bench said it would hear the matter and issued notice to Solicitor-General Rohinton Nariman and the State of Assam and posted it for final hearing on February 9, when it is expected to take a decision to stay his execution or not.

The last execution the country witnessed was that of Dhananjay Chatterjee in 2004.

In December last, a Bench headed by Justice Singhvi in its order had said: “A perusal of the list enclosed with the information made available by the President's Secretariat on June 2, 2011 shows that as many as 17 mercy petitions were processed. Keeping in view the importance of the issue arising in the writ petition and the fact that a large number of other persons may not be, due to sheer ignorance, able to file petition under Articles 72 or 161 of the Constitution or move the Court as has been done by the petitioner in this case, we request senior counsels Ram Jethmalani and T.R. Andhyarujina of this Court to assist us as amicus curiae.”

The Bench asked the Additional Solicitor-General to place before the Court a compilation containing details of mercy petitions received by the Government of India and the governments of different States and their status as on the date of preparation of the compilation.

The Bench said that the copies of the compilation should be made available to counsel assisting Mr. Jethmalani and Mr. Andhyarujina.

The case of the prosecution was that on April 24, 1996, Mahendra Das beheaded Harakanta Das at Fancy Bazaar and surrendered with the victim's head. He was arrested and put in jail in 1997 after the sessions court ordered his execution.

The Gauhati High Court and Supreme Court upheld capital punishment in 1998 and 1999 respectively. Subsequently, Mahendra Das' family moved a mercy petition to the then President K. R Narayanan in 1999. The plea was finally turned down in May 2011 by President Pratibha Devisingh Patil, setting the stage for his hanging. The High Court, on September 8, 2011, dismissed a writ petition filed by the convict's mother, Kusumbala Das, for commuting her son's death sentence to life imprisonment, holding that she had no locus standi to file it on behalf of her son. Then, Mahendra Das filed a writ petition pleading for commuting the death sentence to life imprisonment since he had already spent about 14 years in jail during the disposal of his petition seeking presidential clemency.

There had been protests against the death sentence of Mahendra Das. Even Amnesty International expressed concern over his imminent execution.

Source: http://www.thehindu.com/news/national/article2869581.ece
accessed on 10th February 2012