Abolish Death Penalty India: Woman on death row

Sunday, November 13, 2011

Arguments in 2003 twin blast case end, verdict on Dec 12

Press Trust Of India
Mumbai, November 12, 2011

Arguments on confirmation of death sentence awarded to three convicts in the 2003 Mumbai twin bomb blast case concluded on Saturday before the Bombay high court.
Division bench of justices AM Khanvilkar and PD Kode would deliver the verdict on December 12, said advocate Sushan(t) Kunjuraman, defence lawyer. The bench held a special hearing today to hear the final arguments.

Ashrat Ansari (32), Hanif Sayed Anees (46) and his wife Fehmida Sayed (43) were held guilty on charges of planting powerful bombs in two taxis which exploded at Gateway of India and Zaveri Bazaar respectively on August 25, 2003, killing 52 persons.

The conspiracy had been hatched by Hanif, Ashrat, Nasir (who was later killed in a police encounter) and some Pakistani nationals owing allegiance to LeT in Dubai, as per the prosecution case.

The trio, who belonged to LeT, have also been found guilty by a POTA court for a blast in a municipal bus in suburban Ghatkopar on July 28, 2003, in which two people were killed.

In the present case, the three were convicted under various Sections of IPC, POTA, Explosive Substances Act and Prevention of Damage to Public Property Act.

According to police, LeT used a family (husband-wife) to carry out blasts for the first time in this case. The motive, investigators said, was to seek vengeance for the violence against the minority community during the post-Godhra riots in Gujarat in 2002.

As the convicts were given death sentence by trial court, the matter was sent to the Bombay High Court for confirmation, as required under the law.

Thursday, October 13, 2011

Bombay High Court to conduct 2003 blasts trial via video-conference

The Bombay High Court has become tech-savvy.

After the hearings on the confirmation of the death sentence for Pakistani terrorist Ajmal Kasab were conducted through video-conference — a first-of-its-kind arrangement made in the court to hear proceedings for security reasons, the HC will now conduct the death confirmation proceedings of the 2003 Gateway of India and Zaveri Bazaar blasts accused the same way.

A huge screen has been put up inside court room no 13, where Justice A M Khanwilkar and Justice P D Kode are presently hearing confirmation proceedings.

Officials involved in the setting up of the video link between the Arthur Road prison and the court said, “The link is being tested and will soon become operational. The court will conduct the proceedings through it.”

The reason for the shift is the huge cost being incurred and the heavy bandobast required to escort the three death row convicts to and from the court.

Two blasts at the Gateway of India and the Zaveri Bazaar had killed 52 people and injured more than 100 on August 25, 2003.
Five persons were arrested. Three — Fehmida, husband Hanif and Ashrat Ansari — were sentenced to death.

Source: http://www.dnaindia.com/mumbai/report_bombay-high-court-to-conduct-2003-blasts-trial-via-video-conference_1598132
accessed on 14th October 2011

Published: Thursday, Oct 13, 2011, 8:00 IST
By DNA Correspondent | Place: Mumbai | Agency: DNA

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