Dhananjay Mahapatra,TNN | Apr 20, 2013
NEW DELHI: Is life sentence, which generally translates to 14 years in prison, a good alternative to death penalty in heinous and gruesome murders which fall just short of being categorized 'rarest of rare" to invite the extreme punishment?
This question from the Supreme Court related to those cases where trial courts impose death penalty but higher courts, after scrutinizing the evidence afresh, find that the case falls just short of being bracketed under 'rarest of rare' category not warranting award of capital punishment.
A bench of Justices P Sathasivam and M Y Eqbal was confronted with this question in the case where one Sahib Hussain was found guilty of murdering five persons and was awarded death penalty by a Rajasthan court. The high court commuted the death penalty to life imprisonment with a rider that it would not be less than 20 years in prison.
Justice Sathasivam, writing the judgment for the bench, upheld the 20-year sentence but found that in a recent judgment (Sangeet vs Haryana), the SC had criticized award of sentences ranging between 20 years and 35 years in gruesome murder cases which fell outside the purview of 'rarest of rare' tag by a whisker.
In that judgment, the apex court had said it was impermissible for courts to limit the power of the government to grant parole or remission to convicts sentenced to life. In most cases of life imprisonment, convicts, on showing good conduct, get entitled to remission and are let out after spending 14 years in jail.
The bench of Justices Sathasivam and Eqbal said the judgment criticizing higher courts for awarding sentences ranging between 20 years and 35 years as an alternative to death penalty was unwarranted, given the fact that state governments had granted remission without adequate reasons or even on flimsy grounds.
"It is clear that since more than a decade, in many cases, whenever death sentence has been commuted to life imprisonment where the offence alleged is serious in nature, while awarding life imprisonment, this court reiterated minimum years of imprisonment of 20 years or 25 years or 30 years or 35 years, mentioning thereby, if the appropriate government wants to give remission, the same has to be considered only after the expiry of the said period," the bench said.
The bench supported its reasoning with the Swami Shradhananda judgment, in which the apex court in 2008 had said, "When an appellant comes to this court carrying a death sentence awarded by the trial court and confirmed by the high court, this court may find that the case just falls short of the rarest of rare category and may feel somewhat reluctant in endorsing the death sentence.
"But at the same time, having regard to the nature of the crime, the court may strongly feel that a sentence of life imprisonment subject to remission normally works out to a term of 14 years and would be grossly inadequate."
It had further said, "What then should the court do? If the court's option is limited only to two punishments, one a sentence of imprisonment, for all intents and purposes of not more than 14 years, and the other death, the court may feel tempted to find itself nudged into endorsing the death penalty. Such a course would be disastrous.
"A far more just, reasonable and proper course would be to expand the options and to take over what, as a matter of fact, lawfully belongs to the court, that is the vast hiatus between 14 years' imprisonment and death. It needs to be emphasized that the court would take recourse to the expanded option primarily because in the facts of the case, the sentence of 14 years imprisonment would amount to no punishment at all." The court had ordered that Shradhananda would not be released from jail.
Source : http://m.timesofindia.com/india/Is-14-years-imprisonment-an-alternative-to-death-penalty-SC-asks/articleshow/19642922.cms
Sunday, April 21, 2013
Friday, April 19, 2013
German Bakery blast convict gets death for 'heinous terrorist act'
Atikh Rashid , Chandan Haygunde : Pune, Fri Apr 19 2013, 03:34 hrs
Additional Sessions Judge N P Dhote on Thursday awarded the death
penalty to Mirza Himayat Inayat Baig (33), who was convicted earlier
this week for involvement in the German Bakery bombing of February 13,
2010, which killed 17 and wounded 64."From the proven circumstances, the act falls under the 'rarest of
the rare' case. In the wake of proven facts and taking into
consideration the observations made by the apex court... the only
punishment the accused deserves is the death penalty," the court said.
The judge also awarded several prison terms to Baig for
convictions under various sections of the Indian Penal Code, Unlawful
Activities (Prevention) Act and Explosive Substances Act.
The judge observed that evidence and testimonies put forth by the prosecution had proved beyond doubt that the accused had conspired to bomb the bakery, and participated in the execution of this "heinous terrorist act"."...The accused is greatly influenced by the ideology of terrorism and looking at his calculated moves in giving effect to the conspiracy and terrorism act, I am of the considered view that there are no chances of his reformation and that he is a threat to society," the judgment said.
Baig has the right to appeal in the high court. "The death penalty is applicable only after confirmation from the High Court," said the judgment.
Baig's lawyer A Rahman pleaded for leniency on the grounds of his young age, poor family background and the fact that he was an educated person with BA and B.Ed degrees."He (Baig) is only accused of accompanying Yasin Bhatkal, who allegedly planted the bomb... None of the six other accused... have been arrested. There is no evidence... that proves Baig is a member of Indian Mujahideen or LeT," Rahman said. He also argued that the Maharashtra ATS had failed to visit the Sri Lankan capital Colombo, where the conspiracy was allegedly hatched in March 2008.Rahman cited seven Supreme Court judgments arguing that even in cases of brutal murders in which the accused was directly involved, the court has decided against awarding the death penalty.
Special public prosecutor Raja Thakre argued that Baig might have been a teacher, but the lessons he taught to youths were those of jehad and terrorism. Age, Thakre said, could not be a ground for leniency: Yakub Memon who got death for the 1993 Bombay blasts was only 33 at the time of the attacks. Even Ajmal Kasab, who was hanged for 26/11, was young, Thakre said."Recovery of RDX from the accused has been proved in this court. Evidence shows the accused collected and possessed forged documents of fake identity, fake card of being handicapped... It should be considered that the monster of terror has affected many countries. The recent terror strikes at Bangalore and Boston should be kept in mind. The accused has been held guilty of an act of terror, hence death penalty should be awarded," Thakre said.
Source: http://www.indianexpress.com/news/german-bakery-blast-convict-gets-death-for-heinous-terrorist-act/1104695/0 [accessed on 19th April 2013]
The judge observed that evidence and testimonies put forth by the prosecution had proved beyond doubt that the accused had conspired to bomb the bakery, and participated in the execution of this "heinous terrorist act"."...The accused is greatly influenced by the ideology of terrorism and looking at his calculated moves in giving effect to the conspiracy and terrorism act, I am of the considered view that there are no chances of his reformation and that he is a threat to society," the judgment said.
Baig has the right to appeal in the high court. "The death penalty is applicable only after confirmation from the High Court," said the judgment.
Baig's lawyer A Rahman pleaded for leniency on the grounds of his young age, poor family background and the fact that he was an educated person with BA and B.Ed degrees."He (Baig) is only accused of accompanying Yasin Bhatkal, who allegedly planted the bomb... None of the six other accused... have been arrested. There is no evidence... that proves Baig is a member of Indian Mujahideen or LeT," Rahman said. He also argued that the Maharashtra ATS had failed to visit the Sri Lankan capital Colombo, where the conspiracy was allegedly hatched in March 2008.Rahman cited seven Supreme Court judgments arguing that even in cases of brutal murders in which the accused was directly involved, the court has decided against awarding the death penalty.
Special public prosecutor Raja Thakre argued that Baig might have been a teacher, but the lessons he taught to youths were those of jehad and terrorism. Age, Thakre said, could not be a ground for leniency: Yakub Memon who got death for the 1993 Bombay blasts was only 33 at the time of the attacks. Even Ajmal Kasab, who was hanged for 26/11, was young, Thakre said."Recovery of RDX from the accused has been proved in this court. Evidence shows the accused collected and possessed forged documents of fake identity, fake card of being handicapped... It should be considered that the monster of terror has affected many countries. The recent terror strikes at Bangalore and Boston should be kept in mind. The accused has been held guilty of an act of terror, hence death penalty should be awarded," Thakre said.
Source: http://www.indianexpress.com/news/german-bakery-blast-convict-gets-death-for-heinous-terrorist-act/1104695/0 [accessed on 19th April 2013]
Blast killed 17 innocent people, I'm the 18th, weeping Himayat Baig tells court
Atikh Rashid , SushantKulkarni : Pune, Fri Apr 19 2013, 08:13 hrs
Himayat Baig broke down in court as he told the judge that he had
nothing to do with the bombing, and that the judgment had punished an
innocent man. Soon after he was given the death sentence, Baig fainted
while being escorted to the custody room.
"Judge sahab, mera iss case se kucch lena dena nahi hai," Baig, who
the Maharashtra ATS says is the Lashkar commander in the state, told
Additional Sessions Judge N P Dhote after the judge gave him time to
have his say before announcing the punishment."I come from a poor family... I wanted to do something for my
community, which is backward in every way. I had come to Pune on January
31, 2010 for a rally seeking reservations for Muslims. I was not on the
run (as the ATS says). We knew that a lot of innocent youths had been
arrested. I was afraid that the same would happen to me, hence I stayed
at home..."
At this point, the judge told him to briefly present his argument on the quantum of punishment. Baig then started to read from a four-page handwritten note in Marathi.
"I am a person who believes in Allah. He knows that I would never be part of a heinous crime like this. I have full faith in the judiciary which believes in the principle that '100 criminals may be allowed to go free but not even one innocent person should be punished..." He broke down, and his speech then became incomprehensible.
On recovering somewhat, Baig continued, "In the German Bakery blast 17 innocent people were killed. Now one more innocent person is being victimised. I am the 18th victim of the blast. To render justice to the victims of the blast it would be inappropriate to punish another innocent person.
"I haven't seen explosives in my entire life. I haven't touched RDX once. This is a conspiracy against me by ATS chief Rakesh Maria, (investigating officer) Vinod Satav... On September 7, I was produced in court for the first time. After that, Vinod Satav took me into his cabin..."
At this point, the court interrupted Baig and asked him to speak only on the sentence.
Baig continued: "I am a simple teacher... I can cite several things which have gone unexplained. Shall I put them in front of you?"
Dhote then told Baig that he would have the chance to appeal against the conviction.
At this point, the judge told him to briefly present his argument on the quantum of punishment. Baig then started to read from a four-page handwritten note in Marathi.
"I am a person who believes in Allah. He knows that I would never be part of a heinous crime like this. I have full faith in the judiciary which believes in the principle that '100 criminals may be allowed to go free but not even one innocent person should be punished..." He broke down, and his speech then became incomprehensible.
On recovering somewhat, Baig continued, "In the German Bakery blast 17 innocent people were killed. Now one more innocent person is being victimised. I am the 18th victim of the blast. To render justice to the victims of the blast it would be inappropriate to punish another innocent person.
"I haven't seen explosives in my entire life. I haven't touched RDX once. This is a conspiracy against me by ATS chief Rakesh Maria, (investigating officer) Vinod Satav... On September 7, I was produced in court for the first time. After that, Vinod Satav took me into his cabin..."
At this point, the court interrupted Baig and asked him to speak only on the sentence.
Baig continued: "I am a simple teacher... I can cite several things which have gone unexplained. Shall I put them in front of you?"
Dhote then told Baig that he would have the chance to appeal against the conviction.
Source: http://www.indianexpress.com/news/sc-stays-execution-of-8-death-row-convicts/1099134/ [accessed on 19th April 2013]
Death Penalty in India: “One hardly finds a rich or affluent person going to the gallows”
17 April 2013 Amnesty International
In November 2012, Ajmal Kasab, the lone surviving gunman from the 2008 Mumbai attacks, was hanged in the country’s first execution in more than eight years. Three months later, Afzal Guru was executed after his clemency petition was rejected by the President; Guru had been convicted in 2005 of being involved in the 2001 attack on Parliament.
More recently, the government has expanded the scope of the death penalty by amending laws to provide for this punishment in certain cases of rape.
The Supreme Court last week also rejected an appeal against the decision by the President to reject Devender Pal Singh’s mercy petition. In a trial that has raised serious fair trial concerns, Devender Pal Singh was found guilty of planning an explosion that killed nine people in 1993. His sentence was confirmed by the Supreme Court in 2002 and he has been on death row since.
The recent decision of the Supreme Court is likely to affect at least 17 more prisoners who are asking for commutation of their death sentences on the grounds of delay in the disposal of their mercy petitions by the President.
Justice A. P. Shah, a former Chief Justice of the Delhi High Court, is one of the most outspoken opponents of capital punishment in the country. He shared his views on the death penalty in this interview with Amnesty International.
What is the state of the death penalty in India?
India has carried out only very few executions since the 1990s. However, the brutal gang rape of a 23-year old woman in Delhi last year intensified public calls for the imposition of the death penalty.
Why should India abolish the death penalty?
Whether an accused is sentenced to death or not is an arbitrary matter and depends on a number of factors, ranging from the competence of the legal representation to the interest of the central government in a particular case and the personal predilections of the judges.
It is beyond any shred of doubt that in India, it is the judges’ subjective discretion that eventually decides the fate of an accused.
Also, confessions and witness testimonies play a more vital role in India than in many other countries, given that forensic and other scientific evidence are not so frequently adopted here.
Most death sentences are awarded on circumstantial evidence alone. Even the use of professionally trained witnesses by the police is common.
Why do you say the death penalty is discriminatory?
In India, it is largely cases involving the poor and the down-trodden - who are the victims of class-bias - which result in an imposition of a death penalty. Here one hardly finds a rich or affluent person going to the gallows.
Therefore, it is apparent that the death penalty, as it is used now, is discriminatory. It strikes mostly against the disadvantaged sections of society, showing its arbitrary and capricious nature - thus rendering it unconstitutional.
You have expressed concerns about the execution of Afzal Guru, who was convicted of being involved in 2001 attack on Parliament in Delhi
Several disturbing trends emerge from his execution, which must be highlighted.
For example, the rejection of his clemency petition by the President on 3 February 2013 was kept a secret and was not communicated to his family. Afzal Guru was executed within a week without his family being informed and his body was buried secretly. There are also serious doubts about the quality of evidence and whether he was adequately represented legally during his trial.
What’s the future of the death penalty in India?
The global trend is increasingly and overwhelmingly in favour of abolition.
We would be deluding ourselves if we were to believe that the execution of a few persons sentenced to death will provide a solution to the unacceptably high rates of crime. In reality, capital punishment does not have any deterrent effect.
Justice A. P. Shah is one of 14 retired judges who last year called on the Indian President to commute 13 death sentences that, they maintain, were imposed in a manner inconsistent with the law.
Source : http://www.amnesty.org/en/news/death-penalty-india-one-hardly-finds-rich-or-affluent-person-going-gallows-2013-04-17
In November 2012, Ajmal Kasab, the lone surviving gunman from the 2008 Mumbai attacks, was hanged in the country’s first execution in more than eight years. Three months later, Afzal Guru was executed after his clemency petition was rejected by the President; Guru had been convicted in 2005 of being involved in the 2001 attack on Parliament.
More recently, the government has expanded the scope of the death penalty by amending laws to provide for this punishment in certain cases of rape.
The Supreme Court last week also rejected an appeal against the decision by the President to reject Devender Pal Singh’s mercy petition. In a trial that has raised serious fair trial concerns, Devender Pal Singh was found guilty of planning an explosion that killed nine people in 1993. His sentence was confirmed by the Supreme Court in 2002 and he has been on death row since.
The recent decision of the Supreme Court is likely to affect at least 17 more prisoners who are asking for commutation of their death sentences on the grounds of delay in the disposal of their mercy petitions by the President.
Justice A. P. Shah, a former Chief Justice of the Delhi High Court, is one of the most outspoken opponents of capital punishment in the country. He shared his views on the death penalty in this interview with Amnesty International.
What is the state of the death penalty in India?
India has carried out only very few executions since the 1990s. However, the brutal gang rape of a 23-year old woman in Delhi last year intensified public calls for the imposition of the death penalty.
Why should India abolish the death penalty?
Whether an accused is sentenced to death or not is an arbitrary matter and depends on a number of factors, ranging from the competence of the legal representation to the interest of the central government in a particular case and the personal predilections of the judges.
It is beyond any shred of doubt that in India, it is the judges’ subjective discretion that eventually decides the fate of an accused.
Also, confessions and witness testimonies play a more vital role in India than in many other countries, given that forensic and other scientific evidence are not so frequently adopted here.
Most death sentences are awarded on circumstantial evidence alone. Even the use of professionally trained witnesses by the police is common.
Why do you say the death penalty is discriminatory?
In India, it is largely cases involving the poor and the down-trodden - who are the victims of class-bias - which result in an imposition of a death penalty. Here one hardly finds a rich or affluent person going to the gallows.
Therefore, it is apparent that the death penalty, as it is used now, is discriminatory. It strikes mostly against the disadvantaged sections of society, showing its arbitrary and capricious nature - thus rendering it unconstitutional.
You have expressed concerns about the execution of Afzal Guru, who was convicted of being involved in 2001 attack on Parliament in Delhi
Several disturbing trends emerge from his execution, which must be highlighted.
For example, the rejection of his clemency petition by the President on 3 February 2013 was kept a secret and was not communicated to his family. Afzal Guru was executed within a week without his family being informed and his body was buried secretly. There are also serious doubts about the quality of evidence and whether he was adequately represented legally during his trial.
What’s the future of the death penalty in India?
The global trend is increasingly and overwhelmingly in favour of abolition.
We would be deluding ourselves if we were to believe that the execution of a few persons sentenced to death will provide a solution to the unacceptably high rates of crime. In reality, capital punishment does not have any deterrent effect.
Justice A. P. Shah is one of 14 retired judges who last year called on the Indian President to commute 13 death sentences that, they maintain, were imposed in a manner inconsistent with the law.
Source : http://www.amnesty.org/en/news/death-penalty-india-one-hardly-finds-rich-or-affluent-person-going-gallows-2013-04-17
Thursday, April 18, 2013
Two given death sentence in Bihar
16 April 2013 Press Trust of India DARBHANGA, 16 APRIL: A district court today sentenced two persons to death for killing a petrol pump owner and two others during a robbery in Bihar's Darbhanga district two years ago.
Additional District and Sessions Court judge SP Pandey also fined the convicts Rs 10,000 each.
The court acquitted one person for lack of evidence while another is absconding.
Another accused is facing trial in a juvenile court.
Three persons, including the owner of the petrol pump, were shot dead when they resisted a robbery in 27 January, 2011 at Nehra village under Manigachi police station area.
Source : http://www.thestatesman.net/index.php?option=com_content&view=article&id=452360&catid=36
Additional District and Sessions Court judge SP Pandey also fined the convicts Rs 10,000 each.
The court acquitted one person for lack of evidence while another is absconding.
Another accused is facing trial in a juvenile court.
Three persons, including the owner of the petrol pump, were shot dead when they resisted a robbery in 27 January, 2011 at Nehra village under Manigachi police station area.
Source : http://www.thestatesman.net/index.php?option=com_content&view=article&id=452360&catid=36
Tantrik Gets Death Penalty for Sacrificing Boy
APR 15, 2013 Chhattisgarh: A local court today awarded the death sentence to a tantrik for killing an 11-year-old boy as sacrifice to a deity in Raigarh district of Chhattisgarh.
"The additional district and sessions judge (II class) Ashok Kumar Sahu found the occultist Dilip Rathiya (32) guilty of the crime and pronounced the judgement," prosecution lawyer Anil Kumar Shrivastava told PTI.
"The court has also slapped fine of Rs 15,000 on the convict," he added.
While pronouncing the verdict, the court observed that Rathiya deserved severe punishment for the heinous crime.
According to Shrivastava, on the intervening night of February 5 and 6, 2012, the victim named Praveen, a native of Barpali village under Gharghoda police station limits, was visiting a fair along with his relatives on the occasion of Saraswati puja.
Rathiya found the boy there, took him to his house and killed him by slitting his throat as sacrifice to a goddess.
The convict later buried the boy's head in the courtyard of his house, where he was performing the rituals, while the body was dumped in a nearby jungle.
When the child did not come back home, his family members lodged an FIR on February 6, 2012.
Rathiya was arrested during police investigation and the child's body later exhumed.
Source : http://m.outlookindia.com/story.aspx?sid=1&aid=795487
"The additional district and sessions judge (II class) Ashok Kumar Sahu found the occultist Dilip Rathiya (32) guilty of the crime and pronounced the judgement," prosecution lawyer Anil Kumar Shrivastava told PTI.
"The court has also slapped fine of Rs 15,000 on the convict," he added.
While pronouncing the verdict, the court observed that Rathiya deserved severe punishment for the heinous crime.
According to Shrivastava, on the intervening night of February 5 and 6, 2012, the victim named Praveen, a native of Barpali village under Gharghoda police station limits, was visiting a fair along with his relatives on the occasion of Saraswati puja.
Rathiya found the boy there, took him to his house and killed him by slitting his throat as sacrifice to a goddess.
The convict later buried the boy's head in the courtyard of his house, where he was performing the rituals, while the body was dumped in a nearby jungle.
When the child did not come back home, his family members lodged an FIR on February 6, 2012.
Rathiya was arrested during police investigation and the child's body later exhumed.
Source : http://m.outlookindia.com/story.aspx?sid=1&aid=795487
Rape convict Dharampal not to be hanged till may 6
Express news service : Chandigarh | Wed Apr 10 2013 The Punjab and Haryana High Court on Wednesday extended stay on the execution of rape-murder convict Dharampal till May 6. He was to be hanged on April 15.
Stating that he was already acquitted by the High Court in the rape case on the basis of which he was given death sentence by the Supreme Court, Dharampal today demanded commutation of his death sentence.
In an interim relief for Dharampal, the High Court on April 7 had stayed his execution till April 10. This came a day after Haryana DGP (Prison) Sharad Kumar said that Dharampal would be executed on April 15 in Ambala jail, where he has been shifted from Rohtak.
Though jail authorities had said that Dharampal would be hanged on April 15, apprehending an early hanging, his counsel Advocate Navkiran Singh had moved the high court. Saturday being a holiday, a special request was made before the Chief Justice, who asked two high court judges to hold a special division bench.
During the hearing of the case, Singh had referred to a Supreme Court judgment, which had held that a condemned prisoner has the right to demand commutation of his death sentence to life imprisonment if there has been a substantial delay in adjudication of his mercy petition.
Singh had added that if the competent authority, the President, causes delay in deciding the mercy petition of a convict, the latter should not be harassed further and should be given life imprisonment. The delay, he had added, is counted from the day the Supreme Court dismisses the appeal of a convict and orders his hanging. In Dharampal’s case, his hanging was upheld 14 years ago.
Following this, the court had asked the DGP (Prisons) to respond to Dharampal’s petition by April 10.
In 1991, Dharampal was sentenced to 10-year imprisonment for raping a girl in Sonepat. After his release on parole in 1993, Dharampal along with his brother, Nirmal, murdered the girl, her father, mother and two brothers when they were sleeping at their house.
Dharmapal and Nirmal were sentenced to death by a Sessions Court on May 5, 1997 and it was retained by the Punjab and Haryana High Court on September 29, 1998. However, the Supreme Court converted Nirmal’s death penalty to life imprisonment but Dharampal’s death sentence was retained.
His mercy petition was rejected by the Union Home Minister in 2000. Later, Dharampal filed a mercy plea to the President in 2005, which was rejected after about eight years.
Navkiran had also referred to a case filed by terrorist Devinder Pal Singh Bhullar, who had moved the Supreme Court demanding that his death sentence be converted to life since there has been delay in adjudication of his mercy petition. The case stands reserved for final orders by the Supreme Court.
Source : http://m.indianexpress.com/news/rape-convict-dharampal-not-to-be-hanged-till-may-6/1100296/
Stating that he was already acquitted by the High Court in the rape case on the basis of which he was given death sentence by the Supreme Court, Dharampal today demanded commutation of his death sentence.
In an interim relief for Dharampal, the High Court on April 7 had stayed his execution till April 10. This came a day after Haryana DGP (Prison) Sharad Kumar said that Dharampal would be executed on April 15 in Ambala jail, where he has been shifted from Rohtak.
Though jail authorities had said that Dharampal would be hanged on April 15, apprehending an early hanging, his counsel Advocate Navkiran Singh had moved the high court. Saturday being a holiday, a special request was made before the Chief Justice, who asked two high court judges to hold a special division bench.
During the hearing of the case, Singh had referred to a Supreme Court judgment, which had held that a condemned prisoner has the right to demand commutation of his death sentence to life imprisonment if there has been a substantial delay in adjudication of his mercy petition.
Singh had added that if the competent authority, the President, causes delay in deciding the mercy petition of a convict, the latter should not be harassed further and should be given life imprisonment. The delay, he had added, is counted from the day the Supreme Court dismisses the appeal of a convict and orders his hanging. In Dharampal’s case, his hanging was upheld 14 years ago.
Following this, the court had asked the DGP (Prisons) to respond to Dharampal’s petition by April 10.
In 1991, Dharampal was sentenced to 10-year imprisonment for raping a girl in Sonepat. After his release on parole in 1993, Dharampal along with his brother, Nirmal, murdered the girl, her father, mother and two brothers when they were sleeping at their house.
Dharmapal and Nirmal were sentenced to death by a Sessions Court on May 5, 1997 and it was retained by the Punjab and Haryana High Court on September 29, 1998. However, the Supreme Court converted Nirmal’s death penalty to life imprisonment but Dharampal’s death sentence was retained.
His mercy petition was rejected by the Union Home Minister in 2000. Later, Dharampal filed a mercy plea to the President in 2005, which was rejected after about eight years.
Navkiran had also referred to a case filed by terrorist Devinder Pal Singh Bhullar, who had moved the Supreme Court demanding that his death sentence be converted to life since there has been delay in adjudication of his mercy petition. The case stands reserved for final orders by the Supreme Court.
Source : http://m.indianexpress.com/news/rape-convict-dharampal-not-to-be-hanged-till-may-6/1100296/
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