Abolish Death Penalty India: Justice A K Sikri

Wednesday, May 29, 2019

How A Murder Convict's "Reformative" Poems Saved Him From Death Sentence

All India | ANI | Updated: March 02, 2019 14:56 IST

The poems show that the convict has realised his mistake and has reformed: Supreme Court

NEW DELHI: The Supreme Court converted death penalty of a murder convict into life imprisonment after taking note of the poems he wrote while serving his term in jail. The poems show that the convict has realised his mistake and has reformed, the court observed. “From the poems written by him (death row convict) in the jail, it appears that he has realised his mistake which was committed by him at the time when he was of young age and that he is reformative,” a bench of Justice AK Sikri, Justice S Abdul Nazeer and Justice MR Shah said in its recent judgement.

By changing death sentence to life imprisonment of Dnyaneshwar Suresh Borkar, who was accused of kidnapping and murdering a minor child for ransom, the bench said that it acknowledged the gravity of the offence committed by him but “unable to satisfy ourselves that this case would fall in the category of “rarest of rare case” warranting the death sentence. The top court also took into consideration that the accused at the time of the commission of the offence was of 22 years, by now, he has spent 18 years in jail and while behind bars, his conduct was good, and he is not a professional killer.

“The accused (Borkar) has tried to join the society and also tried to become a civilized man and has completed his graduation in BA from jail. He has tried to become reformative,” said the bench, adding that he can be reformed and rehabilitated. The judgement said, “The details show there is a possibility that accused would not commit similar criminal acts. The accused would not be a continuing threat to society. Considering the aforesaid facts and circumstances of the case, we are of the opinion that in the facts and circumstances of the case, the decision of capital punishment is not warranted.”

Senior Advocate Anand Grover, who appeared for the accused, had told the top court that during the span of 18 years in the jail, not only he has learned a lesson but he has realized the mistake committed by him. He has tried to become a civilized person, completed his graduation and has also undergone training of Gandhian thoughts undertaken by Gandhi Research Foundation, Advocate Grover added. He also submitted that the poems written by the accused in the jail reflect his current mind of state and by which it can be said that he has realized the mistake committed by him at the time when he was just 22 years of age.

The top court was hearing an appeal filed by Borkar against the Bombay High Court's confirmation of his death sentence awarded by the trial court.The top court also took into consideration that the accused at the time of the commission of the offence was of 22 years, by now, he has spent 18 years in jail.

Source: https://www.ndtv.com/india-news/delhi-murder-convicts-reformative-poems-saved-him-from-death-sentence-2001669 (accessed on 29 May 2019)

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]

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