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Will the Supreme Court Kill The Death Penalty This Term?

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Will the U.S. Supreme Court add the fate of the death penalty to a term already fraught with hot-button issues like partisan gerrymandering, warrantless surveillance, and a host of contentious First Amendment disputes?
That’s the hope of an ambitious Supreme Court petition seeking to abolish the ultimate punishment. But it runs headlong into the fact that only two justices have squarely called for a reexamination of the death penalty’s constitutionality.
Abel Hidalgo challenges Arizona’s capital punishment system—which sweeps too broadly, he says, because the state’s “aggravating factors” make 99 percent of first-degree murderers death-eligible—as well as the death penalty itself, arguing it’s cruel and unusual punishment.
He’s represented by former acting U.S. Solicitor General Neal Katyal—among the most successful Supreme Court practitioners last term. Hidalgo also has the support of several outside groups who filed amicus briefs on his behalf, notably one from a group including Ari…

Mumbai 1993 blasts: Abu Salem to escape noose

Abu Salem
Abu Salem
Salem cannot get a death term or any jail-term over 25 years as per the terms of his extradition agreed upon by India and Portugal.

Mumbai: A special TADA court convicted extradited gangster Abu Salem for his alleged role in the 1993 Mumbai serial blasts on Friday, on charges including murder. 

However, Salem cannot get a death term or any jail-term over 25 years as per the terms of his extradition agreed upon by India and Portugal.

CBI’s lawyer Deepak Salvi said, “Due to the extradition terms, wherein Salem cannot be punished with death, we will request the court to give him life-term, instead of death penalty, even though he deserved death penalty.” 

Another CBI source said, “Salem’s extradition, which was made on the basis of the International Convention for the Suppression of Terrorist Bombings of which India and Portugal are signatories, included a few key conditions — if extradited for trial in India, he would neither be conferred with death penalty nor be subjected to imprisonment for a term beyond 25 years.

According to Advocate Sujay Kantawala, the awarding of death penalty to 1993 blast accused Abu Salem would not be violating the extradition treaty signed by India as the crime by Salem was “a crime against humanity and involved terrorist activity” and so giving him the death penalty would not violate any extradition treaty.

Source: The Asian Age, June 21/22, 2017

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