The Supreme Court has ruled that mandatory death penalty for an offender under the Arms Act was unconstitutional as it violated fundamental rights guaranteed to a citizen.
A Bench of Justices Asok Kumar Ganguly (since retd) and J S Khehar said Section 27(3) of the Arms Act, which imposed mandatory death penalty, was also "ultra vires and void" as it restricts the powers of the court in awarding sentences to an accused in such cases.
"A law which is not consistent with notions of fairness while it imposes an irreversible penalty like death penalty is repugnant to the concept of right and reason," the Bench said.
"All these concepts of 'due process' and the concept of a just, fair and reasonable law has been read by this court into the guarantee under Articles 14 and 21 of the Constitution.
"Therefore, the provision of Section 27(3) of the Act is violative of Article 14 (equality before law) and 21 (liberty) of the Constitution," Justice Ganguly, writing the judgement, said.
The apex court passed the appeal while dismissing a Punjab government appeal challenging the acquittal of Dalbir Singh, a CRPF constable charged with indiscriminately firing at his superiors with a rifle over a service row in 1993.
He was charged with murder (Section 302IPC) and various offences under the Arms Act.
Section 27(3) mandates that "whoever uses any prohibited arms or prohibited ammunition or acts in contravention of Section 7 and if such use or act results in the death of any other person then that person guilty of such use or acting in contravention of Section 7 shall be punishable with death."
Source: Indian Express, Feb. 5, 2012
India Supreme Court: No mandatory death penalty for killing with illegal arms
February 1, 2012: In India, the Supreme Court held that Section 27(3) of the Arms Act, 1959 that provides for "mandatory death penalty" in case of death being caused by use of prohibited arms is ultra vires (beyond the powers) of the constitution and declared it void.
The provision of death sentence was inserted in Section 27 of the Arms Act by amending it in 1988 in the wake of terrorist and anti-national activities in Punjab.
The apex court bench of Justice A.K. Ganguly and Justice J.S. Khehar in their judgment said that "this is thus a very drastic provision" as it provides for "mandatory death penalty."
The sub-section (3) of the Section 27 of the act which deals with the punishment for using arms, says "whoever uses any prohibited arms or prohibited ammunition or does any act in contravention of section 7 and such use or act results in the death of any other person, shall be punishable with death penalty".
The Section 7 of the act prohibits acquisition or possession, or manufacture or sale of prohibited arms or prohibited ammunitions.
The provision of death sentence was inserted in the Section 27 of act in 1988. Prior to the amendment, the maximum sentence under this section was seven years or fine or both.
Referring to the constitution's 44th amendment, the judgment said: "That is why it has been provided by the 44th amendment act of 1978 of the constitution, that Article 21 (protection of life and personal liberty) cannot be suspended even during the proclamation of emergency under Article 359."
Sources: IANS, newkerala.com, Feb. 1, 2012
