Expressing concern over the agonising indefinite delays in execution of death row convicts, the Supreme Court has indicated that it’s mulling issuing certain guidelines to address the issue.
“Possibly, it is time for us to lay down the procedure as to what the public prosecutor has to do when mercy petitions of convicts against the death sentence are rejected. This situation cannot continue. There has to be a procedure as to how the prosecutor and court have to react,” a three-judge Bench led by Justice AS Oka said.
According to a report published by Project 39A at National Law University, Delhi, there are 561 prisoners on death row in India at the end of 2023, of which 488 were awaiting verdict from various high courts on their appeals.
Noting that delays not just violated the rights of a convict, but also those of the victims, the top court alluded to drawbacks in the criminal justice administration.
Reserving its verdict on the issue, it said the state should proactively approach the sessions court for execution of a death sentence after the convict’s mercy petition is rejected.
“As soon as the Supreme Court confirms the death penalty, the state must check whether mercy petition is filed or not and in line with Peoples’ Union Democratic Rights (PUDR)... vs Union of India, 2015 judgment and other judgments, convict can be told about his legal aid right and then sessions court can check whether mercy petition is pending or not. The state has to be proactive in this. We need to lay down this procedure. The state must apply... then safeguard should be there as to whether a mercy petition is pending or not,” it said.
The Bench was hearing the Maharashtra Government’s appeal against a Bombay High Court order commuting the death sentence awarded to two men convicted of rape and murder of a BPO employee in Pune in 2007. The high court had commuted the death penalty of the two convicts — Purushottam Borate and Pradeep Kokade — to life sentence with a minimum of 35 years each to be actually served in prison on the ground that the execution of the death penalty had been considerably delayed.
The Bench on Thursday sought to know why the state of Maharashtra was insisting on hanging the convicts despite noticeable delays. “For how long were they under fear of being hanged? Can we now send them to the gallows? They have already been awarded fixed sentences of 35 years each for an incident in 2007,” it noted.
“What about Article 21 (right to life and liberty) of these convicts? The Governor pronounced his decision on mercy petition after eight months of delay. What’s the explanation there? Even the President took so much time to reject their pleas. Can we send them back to the gallows now?” Justice Oka wondered.
The convicts’ counsel contended that inordinate delay in executing the death row convicts violated their rights under Article 21 of the Constitution.
Source:
tribuneindia.com, S. Prakash, September 8, 2024
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"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted."
— Oscar Wilde
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