Skip to main content

India: Delay in hanging leads to reduced sentences

New Delhi: The government may be unwittingly entitling condemned prisoners - including Parliament attack convict Mohammad Afzal Guru - to a lesser life sentence by delaying decisions on their mercy pleas, Supreme Court rulings suggest.

The apex court has repeatedly held that excessive delay in executing the death penalty, leaving the condemned prisoner to suffer a "dehumanising effect" of "facing the agony of alternating between hope and despair" renders the capital punishment too inhuman to be inflicted, thus entitling the prisoner to the lesser sentence of life term.

The court rulings assume significance in view of the fact that Guru, who was sent to the gallows by a trial court in December 2002, recently moved the apex court seeking an early decision on his mercy plea.

"It seems to us that the extremely excessive delay in the disposal of the case of the appellant (a condemned prisoner) would by itself be sufficient for imposing a lesser sentence of imprisonment for life," ruled the apex court in 1971 on an appeal by West Bengal native Vivian Rodricks.

Rodricks was awarded capital punishment in 1964 for a murder committed in 1962.

"It is now January 1971, and the appellant has been for more than six years under the fear of the sentence of death. This must have caused him unimaginable mental agony," said the apex court.

"In our opinion, it would be inhuman to make him suffer till the government decides his mercy petition. We consider that this now is a fit case for awarding the sentence of imprisonment for life," the bench ruled.

In 1982, while hearing an appeal by the Uttar Pradesh government against an Allahabad High Court judgment acquitting a convict who had been awarded the death sentence by a trial court for killing three people in December 1972, the Supreme Court refused to impose the death penalty on him due to excessive delay.


"The occurrence took place some time in December 1972, and more than eight years have elapsed since. The present appeal has been pending for five years. We feel that although the murders committed by the convict were extremely gruesome, brutal and dastardly, yet the extreme penalty of death is not called for in the circumstances of this particular case," said the apex court, awarding life term to the convict identified as Sahai.

Earlier, the apex court had virtually set a maximum limit of two to four years for executing the death penalty awarded to condemned prisoners. In case of a delay beyond this limit, the court converted the death penalty to life sentence.

In 1983, the Supreme Court relaxed the two-year norm for executing death sentences. It, however, upheld the principle that excessive delay in executing the death sentence entitled the condemned prisoner to lesser sentence.

"The prolonged anguish of alternating hope and despair, the agony of uncertainty, the consequences of such suffering on the mental, emotional and physical integrity and health of the individual can render the decision to execute the sentence of death an inhuman and degrading punishment in the circumstances of a given case," the apex court said in the Sher Singh versus Punjab case.

"A prisoner who has experienced living death for years on end is entitled to invoke the jurisdiction of this court for examining if, after all the agony and torment he has been subjected to, it is just and fair to allow the sentence of death to be executed," the court said.

Last September, while deciding an appeal by a condemned prisoner who killed his wife and five children in 2006, the apex court said: "It would be open to a condemned prisoner, who has been under a sentence of death over a long period of time for reasons not attributable to him, to contend that the death sentence should be commuted to one of life (sentence)."

The court, in fact, in its September 2009 ruling even advised the government to stick to a "self-imposed rule" to decide on condemned prisoners' mercy petitions within three months.

"We must say with the greatest emphasis that human beings are not chattels and should not be used as pawns in furthering some larger political or government policy," said a bench of Justice H.S. Bedi and Justice J.M. Panchal last September.

The latest high profile case which has seen the death penalty being awarded is that of Ajmal Amir Kasab, the sole surviving terrorist in the 9/11 terror attacks. Already questions have been asked about when he will finally be hanged.

Source: sifynews.com, May 30, 2010

Comments

Most viewed (Last 7 days)

Israel builds execution chamber for Palestinians convicted of murder

In March, the Knesset approved legislation that calls for the execution of Palestinians convicted by a military court of killing Israelis Israeli authorities are preparing a prison wing—replete with an execution chamber—designated specifically for Palestinian prisoners convicted of murder, Israel’s i24NEWS channel reported Tuesday. The move comes after the Knesset (Israel’s parliament) approved legislation in March that calls for the execution of Palestinian prisoners convicted by a military court of murdering Israelis.

Florida executes William Frances Silvia

Florida executed its 13th death row prisoner of the year Tuesday evening amid the state’s aggressive use of the death penalty championed by Governor Ron DeSantis. William Frances Silvia, 61, who was convicted of fatally shooting his estranged wife and injuring his mother-in-law in 2006, was pronounced dead at 6:11 p.m. after receiving the lethal three-drug injection at Florida State Prison.  At 6 p.m. Tuesday, Silvia was already strapped to a gurney with an IV in his arm when the curtain to the death chamber went up.  He remained relatively motionless with his eyes and mouth open throughout most of the execution while a priest sat at his feet and prayed.

Alabama executes Jeremy Williams

Tennessee and Oklahoma have put inmates to death within 30 minutes of each other, and Alabama followed suit hours later as U.S. states executed three men in one day. Tennessee and Oklahoma put inmates to death within 30 minutes of each other Thursday, and Alabama followed suit hours later as U.S. states executed three men by lethal injection in one day for the first time since 2010. The Tennessee man was executed for killing a maid at a motel in 1985, and the Oklahoma man for killing his girlfriend in 2003. In Alabama, a man was put to death Thursday evening for killing a 5-year-old girl he had paid her mother to abuse.

Tennessee | The doctor who helps put prisoners to death

Dr. Mark Fowler assisted in the failed execution of a Tennessee prisoner. Physicians are meant to heal patients—why is he working in the death chamber? Mark Fowler, a physician with 25 years’ experience, stepped beneath the bright lights and approached the middle-aged man lying on a gurney. Around him, people in medical gowns prepared needles and sterile tubing. It had all the appearances of a hospital setting. Fowler had been called in to help establish an IV line through which the 57-year-old man, Tony Carruthers, would be injected with pharmaceutical drugs. The team had struggled to find a vein, so Fowler was summoned to set a central line—an intravenous catheter inserted into the major vein below the collarbone.

Spared execution eight times, oldest inmate in US dies at 101 after 76 years behind bars

Francis Clifford Smith was given his last meal eight times. But after being spared execution each time, he went on to be regarded as the longest-serving prisoner in the US before dying in June at 101 years old. Convicted of murder in 1950 when he was 25, he always maintained his innocence, those who knew him told the BBC. Andrius Banevicius, the public information officer for Connecticut's Department of Correction, recounted how Smith used to feed the birds while in Osborn Prison, earning him the nickname The Birdman of Osborn.

Cartoons about Capital Punishment

  More cartoons about capital punishment HERE

Alabama is trying a death penalty bait-and-switch

For a decade, Alabama death row inmate Jeffrey Lee has been clear that he does not want to be executed by lethal injection . But that is what awaits him on September 17 . He faces that prospect because the state has been enjoined from using nitrogen hypoxia , the alternative execution method he preferred, to put him to death. Having failed to show that its nitrogen hypoxia protocol is constitutionally acceptable, Alabama wants a do-over to force Lee to die by lethal injection as a result of its own failure. It should not get one. Alabama should only be able to put Lee to death if it can fix nitrogen hypoxia’s constitutional defects.

Oklahoma executes Carlos Cuesta-Rodriguez

Oklahoma has carried out 1 of 3 executions set for the same day in the United States in another sign of the resurgence of the death penalty in the country.  Carlos Cuesta-Rodriguez was pronounced dead at 10:13 a.m. on Thursday, Aug. 13, at the Oklahoma State Penitentiary in McAlester.  He was put to death by lethal injection for the murder of his common-law wife in 2003 at their Oklahoma City home. He admitted to police he shot her twice during an argument.  Cuesta-Rodriguez, 70, did not fight for his life, stunning his attorneys in July when he told the Oklahoma Pardon and Parole Board that he didn't want clemency. "It's time for me to pay for what I did," he said. 

Tennessee executes Darrell Hines

The state has spent millions of dollars over decades to execute a seriously ill man who was already incarcerated. The state of Tennessee executed death row inmate Darrell Hines Thursday morning, according to an advocacy group.  No formal announcement of the execution has been issued by state leaders yet. The execution was slated for 10 a.m. Thursday at Riverbend Maximum Security Institution in Nashville. [DPN update] Hines was pronounced dead at 10:43 a.m. CDT. His last meal was fried chicken, mashed potatoes and gravy, coleslaw, corn, fries, biscuits, a chicken sandwich, chocolate chip cake, and sweet tea.

The 'Black Widow' shakes Iran: 10 death sentences for a serial killer who killed 12 men

Kolthum Akbari, an Iranian woman widely dubbed the “Black Widow,” was convicted of serial murders of elderly men she married, often temporarily. Official accounts generally center on 11 murders (plus one attempted murder), though Akbari herself gave varying figures and investigations suggested she had many more marriages.  The sentencing occurred primarily in September 2025 in Mazandaran Province, with ongoing reporting and updates into 2026. The 56- to 59-year-old killer confessed to killing at least 11 elderly men after temporarily or officially marrying them; Iranian authorities have linked her to additional marriages and possible further victims.