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)

Florida | Tampa Bay man who killed wife, 3 family members sentenced to die

Shelby Nealy will be executed by the state for bludgeoning his wife’s family to death in 2018, a judge decided Friday. During a two-week sentencing trial in July, jurors heard how Nealy, 32, ended a volatile relationship with his second wife by killing her, then murdered her parents and brother a year later in an effort to never be caught. He pleaded guilty to the crimes in 2023. On July 25, the jury of three men and nine women deliberated for about two hours and voted 11-1 that Nealy should be sentenced to death. He stared straight ahead as the verdict was read.

Florida Schedules Two Executions for Late April

TALLAHASSEE, Fla. — Governor Ron DeSantis has directed the Florida Department of Corrections to move forward with two executions scheduled for late April 2026, marking a significant ramp-up in the state's use of capital punishment. The scheduled deaths of Chadwick Willacy and James Ernest Hitchcock follow a series of landmark judicial rulings that have kept both men on death row for decades.

Texas | Death Sentence Overturned After 48 Years

The Court of Criminal Appeals ruled Thursday that Clarence Jordan’s punishment was unconstitutional  A death sentence handed down by a Harris County jury in 1978 was overturned Thursday by the Court of Criminal Appeals.  Clarence Jordan, 70, has been on Texas Death Row for almost 50 years, serving out one of the longest death sentences in the nation while suffering from intellectual disabilities and schizophrenia, his attorney told the Houston Press. 

US AG Authorizes Federal Prosecutors to Seek Death Penalty for Three LA Gangsters Charged with Murder

Acting U.S. Attorney General Todd Blanche has directed federal prosecutors in Los Angeles to seek the death penalty against three members of a transnational street gang charged with murdering a former gang member who was cooperating with law enforcement on a racketeering and methamphetamine trafficking case, officials announced Thursday. In a letter to First Assistant U.S. Attorney Bill Essayli on Wednesday, Blanche told prosecutors in the Central District of California they are “authorized and directed” to seek the death penalty against Dennis Anaya Urias, 27, Grevil Zelaya Santiago, 26, and Roberto Carlos Aguilar, 31. All are from South Los Angeles.

Saudi Arabia | Seven executed for drug trafficking

Saudi authorities executed seven people who had been convicted of drug trafficking in a single day, state media says. The Saudi Press Agency says five Saudis and two Jordanians were found guilty of trafficking amphetamine pills into the kingdom. “The death penalty was carried out as a discretionary punishment against the perpetrators,” the agency reports, adding that the executions took place on Sunday in the Riyadh region. Since the beginning of 2026, Riyadh has executed 38 people in drug-related cases, the majority of the 61 executions carried out, according to an AFP tally based on official data.

Texas appeals court says another man's confession not enough to reconsider Broadnax execution

The Texas Court of Criminal Appeals said Tuesday it won't consider another man's confession as a reason to pause a scheduled lethal injection in three weeks. James Broadnax was convicted of murdering two Christian music producers in Garland, but his cousin, Demarius Cummings, recently confessed that he was the shooter. University of Texas School of Law Capital Punishment Clinic professor Jim Marcus said the appeals court acts as a gatekeeper for cases meeting criteria to get back in court.

20 Minutes to Death: Witness to the Last Execution in France

The following document is a firsthand account of the final moments of Hamida Djandoubi, a convicted murderer executed by guillotine at Marseille’s Baumettes Prison on September 10, 1977. The record—dated September 9—was written by Monique Mabelly, a judge appointed by the state to witness the proceedings. Djandoubi’s execution would ultimately be the last carried out in France before capital punishment was abolished in 1981. At the time, President Valéry Giscard d'Estaing—who had publicly voiced his "deep aversion to the death penalty" prior to his election—rejected Djandoubi’s appeal for clemency. Choosing to let "justice take its course," the President allowed the execution to proceed, just as he had in two previous cases during his term:   Christian Ranucci , executed on July 28, 1976 and Jérôme Carrein , executed on June 23, 1977. Hamida Djandoubi , a Tunisian national, was sentenced to death for killing his former lover, Elisabeth Bousquet. He was execu...

Singapore executes man for trafficking 1kg of cannabis

SINGAPORE — Singaporean authorities executed Omar bin Yacob Bamadhaj at Changi Prison on Thursday, April 16, 2026, following his 2019 conviction for importing 1,009.1 grams of cannabis. Bamadhaj, 41, though some reports have cited his age as 46, was arrested on July 12, 2018, during a routine search at the Woodlands Checkpoint. Officers discovered the narcotics wrapped in plastic and hidden within his vehicle as he attempted to enter Singapore from Malaysia.  Under the Misuse of Drugs Act, the threshold for the mandatory death penalty involving cannabis is 500 grams, a limit this shipment exceeded by more than double.

North Carolina | “Incapable to proceed”: man who killed Ukrainian refugee Iryna Zarutska ruled incompetent

DeCarlos Brown, accused of stabbing Ukrainian refugee Iryna Zarutska on a Charlotte train, has been found mentally unfit for trial, stalling death penalty proceedings. DeCarlos Brown Jr., accused of fatally stabbing 23-year-old Ukrainian refugee Iryna Zarutska on a Charlotte light rail train in August 2025, has been found mentally incapable of standing trial, according to a court motion filed 7 April in Mecklenburg Superior Court. A 29 December 2025 report from Central Regional Hospital, a state psychiatric facility in Granville County, concluded that Brown was "incapable to proceed to trial," according to the motion filed by his attorney, Daniel Roberts. The evaluation was ordered after Brown's defense raised concerns about his mental state.

Former FedEx driver pleads guilty to killing 7-year-old girl after making delivery at her Texas home

FORT WORTH, Texas — Tanner Lynn Horner, a former contract delivery driver for FedEx, pleaded guilty Tuesday to the 2022 capital murder and aggravated kidnapping of 7-year-old Athena Strand, a move that abruptly shifted the proceedings into a high-stakes punishment phase where jurors will decide between life imprisonment and the death penalty. Horner, 34, entered the plea in a Tarrant County courtroom as his trial was set to begin. The case was moved to Fort Worth from neighboring Wise County last year after defense attorneys argued that pretrial publicity would prevent a fair trial in the community where the girl disappeared.