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)

Tennessee | Questions Raised About the Doctor Who Was Overseeing Tony Caruthers’ Execution

Mark Fowler, according to a deposition, had not placed a central line in a patient for more than a decade when he attempted to put one in Carruthers Around 11 a.m. Thursday morning in the execution chamber at Riverbend Maximum Security Institution in Nashville, a medical doctor stepped in and attempted to place a central IV line in Tony Carruthers’ chest. By that point, the prison staff had spent some 30 minutes trying unsuccessfully to insert a backup IV line that would allow them to proceed with the lethal injection. According to Carruthers’ attorney Maria DeLiberato, who was in the room, after asking a staff member to attempt inserting a line through Carruthers’ jugular vein, the doctor moved on to the central line, which is identified as the last resort in Tennessee’s lethal injection protocol .

Iraq: German schoolgirl, 17, turned jihadi bride escapes death penalty and is jailed for six years

GERMAN Jihadi bride Linda Wenzel has been jailed for six years in Baghdad for her role as an Islamic enforcer with terror group ISIS. Wenzel, 17, who last year sobbed on TV “I have ruined my life,” could have faced the death penalty. German media reported that a German embassy representative in Iraq was in court yesterday to witness her sentencing. She received five years for joining IS and one year for entering Iraq illegally. Wenzel was found in the rubble of IS stronghold Mosul back in the summer of 2017. Charges were laid against her and three other German women captured with her. Schoolgirl Wenzel fled to Turkey then into Syria last year from her hometown of Pulsnitz in eastern Germany after being groomed online by a Chechen IS fighter who she married. He was killed in the savage fighting for Mosul while she was employed by the terror group enforcing the strict Islamic dress code on women in the city. She burst into tears after her capture and said s...

Oklahoma | Richard Glossip on Life After Decades on Death Row

In an exclusive interview at home in Oklahoma City, Glossip describes his first days of freedom in a world he hasn’t experienced for nearly 30 years. For three decades, Richard Glossip lived on concrete. First at the Oklahoma County jail, after his arrest for murder in 1997, and then in the underground bunker housing death row inmates at the Oklahoma State Penitentiary. As with the rest of his surroundings, he eventually got used to the hard, unforgiving floors, although recently he’d developed painful swelling in his legs.

Iran | Four 'Woman, Life, Freedom' Protesters Sentenced to Hang by 'Death Judge' in Sham Trial

Iran Human Rights (IHRNGO); 25 May 2026: Milad Armoun, Navid Najaran, Seyed Mohammad Mehdi Hosseini and Mehdi Imani, four “Woman, Life, Freedom” protesters, were sentenced to death by “Death Judge” Salavati after a grossly unfair trial. Defence counsel representing the defendants in what became known as the “Ekbatan case” have detailed the severe procedural and substantive flaws that violated fundamental due process rights and undermined the legitimacy of the rulings issued by Branch 15 of the Revolutionary Court. News of the judgement comes just days after the Criminal Court acquitted the defendants of murder charges.

China Executed 2,400 People in 2013, Dui Hua

A Chinese police officer lights a last cigarette for an inmate moments before his  execution.  The Dui Hua Foundation estimates that China executed approximately 2,400 people in 2013 and will execute roughly the same number of people in 2014. Annual declines in executions recorded in recent years are likely to be offset in 2014 by the use of capital punishment in anti-terrorism campaigns in Xinjiang and the anti-corruption campaign nationwide. Dui Hua bases its 2013 estimate on data points published in Southern Weekly that are consistent with information provided to Dui Hua by a judicial official earlier this year. The mainland magazine reported that a former senior judge of the Supreme People's Court (SPC) stated at a seminar in July that the number of executions had reached 1/10 of the highest number recorded since 1979. In 1983 - the 1st year of the Strike Hard campaign during which the power to approve capital punishment was given to provincial high courts - 2...

Iran executes Esma Zarei in Ardabil Prison after she gave birth in custody

Hengaw – Saturday, May 23, 2026. Iranian authorities have executed Esma Zarei, a 28-year-old Turkish woman from Parsabad in Ardabil Province, who had previously been sentenced to death on charges of “premeditated murder” in connection with the killing of her husband. She is the sixth woman executed in Iran since the beginning of 2026. According to information received by Hengaw Organization for Human Rights, Zarei was executed at dawn on Wednesday, May 20, 2026, in Ardabil Central Prison. She had been sentenced to qisas (retribution-in-kind) after being convicted of her husband’s murder.

EU GSP+ Reform: Will Brussels Finally Enforce Its Own Conditions on Pakistan?

The EU has tightened the rules governing GSP+ trade preferences, but Pakistan’s record raises a harder question: whether Brussels is prepared to suspend market access when a major beneficiary fails to demonstrate sustained compliance with human rights, labour and governance obligations. The European Union has formally adopted revised rules for its Generalised Scheme of Preferences, strengthening the conditions attached to preferential market access for developing countries. The new framework will apply from 1 January 2027 and is intended to tighten monitoring, widen the list of international conventions, and make suspension of benefits easier in cases of serious violations.

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...

New Mississippi billboard warns criminals: ‘Firing squad is legal’

DESOTO COUNTY, Miss. (WREG) — A billboard standing on Interstate 55 southbound as you cross the Tennessee state line and enter Mississippi from Memphis is sending a grim message to those coming into the state. DeSoto County District Attorney Matthew Barton recently announced the new billboard campaign, which features the sign reading, “WELCOME TO MISSISSIPPI. WHERE THE FIRING SQUAD IS LEGAL. THINK TWICE.” It references Mississippi’s law permitting execution by firing squad under certain circumstances for inmates sentenced to death. Barton says this campaign is aimed at deterring violent crime and sends a direct message to criminals entering Mississippi.

Florida: The Daily Routine of Death Row Inmates

The breakfast carts rattle through the concrete prison at about 5:30 am and as they approach Death Row the first sounds of morning repeat the last sounds of night - remote controlled locks clanging open and clunking closed, electric gates whirring, heavy metal doors crashing shut, voices wailing, klaxons blaring. A maximum security prison has no soft or delicate sounds. At the end of each corridor of death row cells a guard opens a heavy door of steel bars and a prison trusty pushes a breakfast cart inside. The door closes behind him and when it locks a second door opens and admits the trusty to the wing. He steers his cart along the wing stopping at each cell to pass a tray of powdered eggs and lukewarm grits through a small slot on the bars. Food is prepared by prison staff and transported in insulated carts to the cells. The food carts are full of cockroaches, the food is often undercooked or just rotten and is served on Styrofoam plates with a plastic "spork" - fork/spoon...