Abolish Death Penalty India: HC stays hanging of man who wiped out family of five

Wednesday, March 4, 2015

HC stays hanging of man who wiped out family of five

Abhinav Garg, TNN | Mar 3, 2015, 05.51AM IST

NEW DELHI: A man on death row whose plea has been rejected both by the President of India and the Supreme Court got a reprieve on Monday, when the Delhi high court stayed his hanging. Admitting the plea of Sonu Sardar, awarded capital punishment by SC for wiping out a family of five in Chhattisgarh, a bench of Justices Sanjeev Khanna and Ashutosh Kumar stayed the punishment till April 7, the next date of hearing. He is currently lodged in Death cell in a Raipur jail awaiting execution.

The court also issued notice to the Centre seeking its reply to the allegation that there is "undue and avoidable delay" of two years and two months in rejecting Sardar's mercy plea by the President of India. Seeking commutation of death sentence to life term, the petition, filed by advocates Rishabh Sancheti and Ashish V. Padmapriya says the convict was kept in illegal solitary confinement in jail leading to "mental agony and torture of a kind that is difficult to imagine or conceptualize." It adds that "for each day after the sentence of death was confirmed by the Supreme Court, and while his mercy petition was pending before the Governor of Chhattisgarh and the President of India, the petitioner and his family have undergone a living hell not knowing if he would live or die, and if he would live to see another day or draw another breath, or whether that day and that breath would be his last."

Appearing for the death row inmate, senior advocate Indira Jaisingh highlighted the fact that he has been living under the shadow of the hangman's noose with the threat of imminent death hanging over his head for more than two years and two months. "During the time his petition was pending, Sardar suffered excruciating pain, mental agony and torture. Such pain and torment is a punishment far worse than death. This mental agony has wreaked havoc on the physical, mental and emotional health of the petitioner, which is avoidable, needless and unjustified," the counsel contended. Sardar has also blamed the State government of Chhattisgarh, the Centre and the President of India for the delay, arguing he had no part in the "excessive and unjustified delay."

Last month SC had dismissed Sardar's plea seeking a review of its 2012 verdict upholding his death sentence for "ruthlessly killing" five members of a scrap dealer's family in Chhatisgarh. The court dismissed the plea after holding a detailed hearing of the matter in open court. Sardar along with Ajay Singh and three more people killed Shamim Akhtar, a scrap dealer and four members of his family. In 2012 the apex court, 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."

Source: http://timesofindia.indiatimes.com/india/HC-stays-hanging-of-man-who-wiped-out-family-of-five/articleshow/46438005.cms [last accessed on 04.03.2015]

No comments:

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

Abolish Death Penalty India

Wednesday, March 4, 2015

HC stays hanging of man who wiped out family of five

No comments:

Post a Comment

Followers