Abolish Death Penalty India: execution stayed

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Sunday, December 23, 2018

SC Stays Execution Of Death Sentence In Rape-Cum-Murder Case (Madhya Pradesh)

BY: ASHOK K.M

JANUARY 5, 2018 10:41 AM

The Supreme Court has stayed execution of death sentence of a man accused of rape-cum-murder of an 8-year-old girl. The trial court had convicted Veerendra for rape and murder of a minor girl, who was his near relative as well. The Madhya Pradesh High Court had upheld the findings of the trial court and confirmed death penalty. With regard to the gravity of the crime, the Gwalior bench of the high court had this to say: “The victim of crime is an innocent child who did not provide even an excuse, much less a provocation for murder.

Such cruelty towards a young child is appalling. The act of the appellant is his monstrous self on the innocent, helpless and defenceless child.” While confirming the death sentence, the high court had observed: “Looking to the overt act of the appellant, a deterrent sentence is necessary to be passed so that a message should go to the society that such crime should not be repeated by anyone and such heinous crime is highly deprecated and therefore the trial court has rightly punished the appellant with death sentence.

Source: https://www.livelaw.in/sc-stays-execution-death-sentence-rape-cum-murder-case-read-order/ (Accessed 24 December 2018)

Supreme Court stays couple’s execution in human sacrifice case (Chattisgarh)

Updated: Aug 17, 2017 18:28 IST

Press Trust of India

New Delhi: The Supreme Court has stayed the execution of a couple, sentenced to death in a case of sacrificing a two-year-old boy.

A bench headed by Justice Dipak Misra admitted the appeal filed by the condemned prisoners, Ishwari Lal Yadav, and his wife Kiran Bai, whose death penalty was confirmed by the Chattisgarh High Court in the human sacrifice case. “Let the lower court records be called for. There shall be stay of the execution of the death sentence. Let the matter be listed before the appropriate bench in the week commencing November 28,” the bench, also comprising Justices Amitava Roy and A M Khanwilkar, said.

The case dates back to November 23, 2010 when Chirag, the two-year-old son of Poshan Singh Rajput, went missing while playing outside his house in Ruabandha area of Chattisgarh’s Bhilai Nagar. It was alleged that the two main accused, Yadav and his wife, used to indulge in Tantric (ancient yogic spiritual) practices. Kiran Bai had allegedly asked him to get a small child for sacrifice and the boy was kidnapped and allegedly killed in a gruesome manner. The family members of the boy and other neighbours had heard loud music coming from Yadav’s house.

On suspicion, they entered the house and found blood stains, bowls of blood and chopped body parts in a room, the prosecution had alleged. The child’s body was recovered buried in the room following Yadav’s interrogation.

Source: https://www.hindustantimes.com/india-news/supreme-court-stays-couple-s-execution-in-human-sacrifice-case/story-k8AqSmGMgeMr4i8ozKVzQJ.html (Accessed 23 December 2018)

Thursday, May 28, 2015

SC stays execution of death sentence of couple who killed 7

Last Updated: Monday, May 25, 2015 - 12:26

New Delhi: Supreme Court today stayed the execution of death sentence of a young woman and her lover convicted for killing seven members of her family, including a 10-month-old baby, in Uttar Pradesh in 2008.

A bench comprising Justices A K Sikri and U U Lalit issued notice to UP government seeking its response and posted the matter for further hearing on May 27. The warrant for execution of the death sentence of Shabnam and her lover Saleem was issued on May 21. The Supreme Court on May 1 had upheld the conviction and death penalty of the couple and later on May 15 delivered a detailed judgement for dismissing the appeal filed by the convicts.

Senior advocate Anand Grover, appearing for Shabnam, asked the court that the matter be heard before any final decision is taken for executing the death penalty. In 2013, Allahabad High Court had upheld the death sentence to the couple awarded by a sessions court in 2010. Saleem and Shabnam were having an affair and wanted to get married but their relationship met with stiff opposition from the woman's family.

On April 15, 2008, Shabnam's entire family, including a 10-month-old baby, was murdered and the woman initially pretended that her house in Amroha district of UP was attacked by unidentified assailants. It came to light during investigation that she had abetted Saleem in the crime as she made her family members drink milk laced with sedatives before the attack and thereafter herself throttled her infant nephew.

Source: http://zeenews.india.com/news/india/sc-stays-execution-of-death-sentence-of-couple-who-killed-7_1601109.html [last accessed 28.05.2015]

Thursday, May 16, 2013

Dharampal's execution put on hold till May 22

HT Correspondent , Hindustan Times Chandigarh, May 06, 2013

The Punjab and Haryana high court on Monday stayed the execution of murder convict Dharampal Singh till May 22. The Sonepat sessions court had, on May 5, 1997, awarded death sentence to Dharampal, 45, for the murder of five people. He was to be hanged on April 15 at Ambala Centraln Jail.
After moving the high court to seek commutation of his death sentence to life imprisonment and restraining the authorities from carrying out his execution, the court had, on April 6, stayed his execution. He had taken the ground that the President took 14 years to reject his mercy petition filed in April 1999.
A division bench, comprising justice Surya Kant and justice Naresh Kumar Sanghi, adjourned the case for May 22 since the petitioner's advocate Navkiran Singh was not available due to some other assignment.
During the arguments, the court said the petitioner needed to file a review petition in the Supreme Court against apex court order of March 18, 1999, in which it had dismissed Dharampal's appeal.
The counsel appearing for the Haryana government submitted that Dharampal, in his petition, had taken the ground that his execution needed to be stayed since the Supreme Court was seized of the matter of a death sentence convict Davinder Pal Singh Bhullar. "The Supreme Court has dismissed Bhullar's petition," the government counsel said. Bhullar was sentenced to death for carrying out bomb blast, claiming nine lives outside the All-India Youth Congress headquarters in New Delhi in 1993.
THE CASE
On a complaint of an alleged rape victim, Dharampal, a native of Mohalla Panna in Gohana tehsil of Sonepat, was awarded 10 years' imprisonment on January 7, 1991. In 1993, when he was out on parole, he had murdered the alleged rape victim's father, mother, two brothers and a sister on June 4, 1993. The victim and her husband were able to save their lives. On November 19, 2003, the high court had acquitted Dharampal of rape charge after finding that it was "a case of consent".
Source : http://www.hindustantimes.com/Punjab/chandigarh/Dharampal-s-execution-put-on-hold-till-May-22/SP-Article1-1055559.aspx

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The Death Penalty Scenario in India

India is one of the 193 countries that retains death penalty. There has always been a few imminent judges who have pronounced compelling verdicts upholding the rights of prisoners on death row. There has been increasing debate in various platforms advocating abolition of death penalty or at least to rethink sentencing policies in India. The Indian government has however always been committed to the retention of the death penalty, irrespective of their political ideology. India has voted against a United Nations General Assembly (UNGA) draft resolution on the use of death penalty, saying it goes against the statutory law of the country where an execution is carried out in the "rarest of rare" cases. India retains the death penalty as punishment for a number of crimes including murder, kidnapping, terrorism, desertion, inducement to suicide of a minor or a mentally-retarded person and has more recently in 2013 come to include the offence of rape in certain circumstances. Most recently, there is an outrage over child rape and murder.

After observing an unofficial moratorium of 8 years in India, the Indian Government in November 2012 carried out the execution of Ajmal Kasab, convicted in the Mumbai attacks case, without public knowledge. This was followed by the secret execution of Afzal Guru, convicted in the Parliament attack case of 2001, in February 2013, under similar circumstances, without intimating his immediate family or affording a chance of judicial review. In both cases, the executions were carried out under covert operations conducted by the Government immediately upon rejection of their mercy petitions. Before these executions, the last execution to be carried out in India was that of Dhananjoy Chatterjee in 2004 who was convicted of rape and murder and which sentence was carried out after he had spent 13 years in solitary confinement. Following this, several mercy petitions of death row convicts have come to be rejected. The fear of execution of such convicts is imminent. Bolstered by the Government's unapologetic conduct and public outcry, especially in recent cases of rape and murder reported in the country, the courts are continuing to hand down death sentences at an alarming rate.

In the recent past, there have been a few empirical studies (mainly four) conducted with prisoners on death row. This has highlighted the situation of prisoners on death row.

(1) Most recently the India Exclusion Report 2017-18 found that fair trial rights and guarantees are reduced to a nullity and seeks to breach the citadel of the collective silence. It further said that Convicts on death row in India belong to groups marginalised along the axes of caste, religion, economic vulnerability and educational deprivation, and their fair trial rights, though a part of the Right to Life guaranteed by the Constitution, are invariably non-existent, a survey of 371 out of the 385 persons living under the death sentence and their families has revealed.

(2) Another study was The Death Penalty Research Project (2015) which was conceived with an aim to document the socio-economic profile of prisoners sentenced to death in India and map their experience within the criminal justice system.

There were two other academic studies that were done conducted by Dr. Reena Mary George –

(3)“Voices of prisoners surviving the death row in India” (2014) done through the University of Vienna under the guidance of Prof. Dr. Christoph Reinprecht (Sociology) and Prof. Dr. Manfred Nowak (Law and Ex-United Nations Rapporteur on Torture). George’s research highlights three salient features, namely: poverty, social exclusion and marginalisation are antecedent to death penalty; death penalty is a constructed account by the state machinery; and prisoners on death row situate dignity higher in the juxtaposition of death and dignity.

(4) Another one “Death Penalty – A Human Rights Perspective” (2009) done through the University of Mumbai under the guidance of Retired Justice Hosbet Suresh. This was a study in Maharashtra with the objectives to firstly study the impact of death penalty on the social, mental, and physical being of the inmate and secondly, to study the perception of opinion leaders on death penalty with reference to human rights. All the above reports are public documents.

According to the National Crime Records Bureau, Prison Statistics 2015, there are 101 prisoners sentenced to death. The actual figure of sentences originally awarded is much higher considering the death sentences of 49 convicts came to be commuted to life imprisonment in the said period. As of today, almost in 2019, the figures are unknown through government statistics, however, research centres claim this figure to be around 371 convicts. During the 1980s the Supreme Court sought to restrict the use of the death penalty by characterizing it as a punishment reserved only for the “rarest of the rare” cases. The doctrine has not had the desired effect. According to a former chief justice of the Delhi High Court, Rajindar Sachar: “after the rarest of rare doctrine was introduced in 1980, the Supreme Court confirmed death penalty in 40 per cent of cases in the period 1980-90 while it was 37.7 per cent between 1970 and 1980. For the high courts it rose from 59 per cent in 1970-80 to 65 per cent during 1980-90”. Over the past two decades the death penalty has been extended to include more crimes and been handed down with increasing frequency.

Most recently while commuting a sentence in Supreme Court (2018), Justice Joseph did not seek the reconsideration of the Bachan Singh judgment, but only sought to re-examine the purpose and practice of the death penalty, and whether as a punishment, it serves any goal at all. In other words, the death penalty can continue to remain constitutionally valid because of the Bachan Singh judgment, but its application in substantive cases coming before the court must be restricted to only those cases which meet the criteria laid down in that case.

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