Abolish Death Penalty India: Diwakar

Thursday, May 30, 2019

SC stays death sentence of Theni man (Tamil Nadu)

NEW DELHI , APRIL 17, 2019 01:12 IST

Warrant has left no time for the convict to file an appeal, says Bench led by Chief Justice

The Supreme Court on Tuesday stayed the execution of a 30-year-old man convicted for killing a college girl and her lover after raping her near Suruli Hills in Theni district in 2011. A Bench led by Chief Justice of India Ranjan Gogoi set aside the warrant of execution issued by the Theni principal sessions judge after the Madras High Court upheld the conviction of Diwakar for murder, and confirmed the death penalty on March 13. The date of execution of the convict, as per the warrant, was April 22.

Diwakar (Theni Murder Case)

The CJI-led Bench noted that the warrant of execution left no time for the convict to file an appeal in the Supreme Court. If implemented, the convict would be executed even before the time allowed under law to file an appeal was exhausted. “The period for filing of a special leave petition/an appeal against the order of conviction and sentence passed is yet to be over, we are of the view that the warrant for execution of death sentence, dated March 27, 2019, 27.3.2019, is contrary to the law,” the apex court held. The Supreme Court further recorded: “We are also told that the petitioner is in the process of filing an appeal. The same as and when filed, will receive due attention of the court”.

In its judgment, the High Court had termed the murder as a “brutal act on the helpless young couple, that too after raping the girl”. “The savageness of the act was shocking and such a person will be a menace to the society,” it had observed. The trial court had sentenced Diwakar to death in March 2018, saying the prosecution had proved its case beyond reasonable doubt.

Source: https://www.thehindu.com/news/national/tamil-nadu/sc-stays-death-sentence-of-theni-man/article26859121.ece and https://www.indiaglitz.com/theni-lovers-death-murderer-death-sentence-stay-tamil-news-234012 (accessed on 30 May 2019)

HC upholds death in Theni rape case (Tamil Nadu)

TNN | Mar 14, 2019, 12.03 PM IST

MADURAI: The Madurai bench of the Madras high court on Wednesday upheld the death sentence by a trial court in Theni to a man who raped and murdered a college student and her male friend near Suruli fallls in Theni in 2011. In March 2018, the principal district and sessions judge, Theni sentenced the accused, Diwakar to death after the offences against him were proved. The verdict was referred before the division bench of justice R Subbiah and justice B Pugalendhi and the bench upheld the trial court’s verdict.

Diwakar, now aged 30 years had committed the crimes when attempting to rob the couple after confronting them when they were spending time together near the falls, the prosecution held. He had also chopped off the limbs of the woman after raping her. The woman’s family had filed a missing complaint initially and five days later, both the bodies were found in the forest area. The Rayappanpatti police eventually arrested the accused and substantial circumstantial evidence proved him committing the crime. The accused, before the rape and murder had threatened another couple the same day in the same forest region and the man identified the accused after he came to know that a couple was murdered. “The brutality of the attack on the young and helpless girl, after forcibly raping her, would show the inhuman act of the accused. We are shocked by the savagery of the offence,” the division bench said and stated that the conduct of the accused shows that he is an extremist and would be a menace to the society.

The division bench also noted that the accused had criminal antecedents and he once attacked a policeman with a sharp object when police attempted to arrest him for jumping bail in this case. Holding that the present case falls within the rarest of rare category propounded by the Supreme Court, the division bench upheld the trial court’s order. Earlier, before confirming the trial court verdict, the bench also reflected on mixed opinions on death sentence in the country. “Majority of citizens want the judicial system to deal offenders of rape and murder with an iron hand. They want the judiciary to take note of the plight and trauma that would have been undergone by the families of the victims,” the court said and observed that there is also a contrary opinion which requires the judiciary to soft pedal on the issue by resorting to reformative theory and take a humanitarian approach.

Source: https://timesofindia.indiatimes.com/city/madurai/hc-upholds-death-in-theni-rape-case/articleshow/68400328.cms (accessed on 30 May 2019)

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