On 21 January 2014 13:19, Ranjana <[email protected]>wrote:
Supreme Court commutes death penalty of 15 convicts to life sentence > > > >http://economictimes.indiatimes.com/articleshow/29147811.cms > > > >NEW DELHI: In a landmark verdict that can come as a relief to many death row >convicts, the Supreme Court today held that death sentence of a condemned >prisoner can be commuted to life imprisonment on the ground of delay on the >part of the government in deciding the mercy plea. > >Giving life term to 15 death row inmates, including four aides of forest >brigand Veerappan, the apex court also ruled that a death convict suffering >from mental insanity and schizophrenia cannot be hanged. > >It overruled its own verdict in Khalistani terrorist Devinderpal Singh >Bhullar's case in which it had held that delay in deciding mercy plea cannot >be a ground for commutation of death sentence. > >Death sentence in such cases can be commuted to life imprisonment on the >ground of their mental illness, it said. > >Today's judgement may have implications in various cases, including the >petitions filed by three death row convicts in the Rajiv Gandhi assassination >case who have challenged the President's rejection of their mercy plea less >than three years ago. > >Framing guidelines on disposal of mercy petitions and execution of death >sentence, a bench headed by Chief Justice P Sathasivam ruled that convicts >given death sentence must be informed about the rejection of their mercy pleas >and should be given a chance to meet their family members before they are >executed. > >It also held that solitary confinement of a prisoner, including death row >convict, is unconstitutional and it should not be allowed in the prisons. > >The bench gave its verdict on a batch of petitions filed by 15 death row >inmates seeking its direction for commutation of their sentence to life term >on the grounds of delay in deciding mercy plea and mental illness. > >The bench also said that execution of death sentence should be carried out >within 14 days after rejection of the mercy plea. > >The apex court also said that the prison authorities must provide legal aid to >prisoners facing death sentence so that they can approach courts for >commutation of their sentence on the ground of their illness and delay in >deciding mercy plea by the government. >As a part of this judgement, the apex court also commuted the death sentence >of four aides of forest brigand Veerappan to life term on ground of delay in >deciding their mercy plea by the government. > >According to Times Now, SC commuted the death sentence of a total of fifteen >convicts. "Death sentences of Rajiv Gandhi's assassins have been commuted," >reported Times Now. > >"The Supreme Court also commuted the death sentence of Khalistani terrorist >Devinder Pal Singh Bhullar to life imprisonment," said Times Now. > >"Solitary confinement of a death convict and other prisoners is >unconstitutional," the court said. "Death sentence of a condemned prisoner >cannot be executed if he is suffering from mental illness and schizophrenia >and must be commuted to life imprisonment," the court added. > >The court also said that the death convict and his family members must be >informed after his mercy plea is rejected by the President or governor. >"Condemned prisoners must be given a chance to meet their family members >before execution of death sentence," the court said. "Legal aid should be >provided inside jail to the condemned prisoners," it added. > >Pronouncing its judgement on 13 petitions filed by the 15 convicts whose >execution of sentence had been stayed by the apex court, the three-judge bench >clarified that its directions be implemented in all cases whether a person has >been convicted under IPC or the anti-terror law. > > >The issue of communication of rejection of mercy plea assumes importance in >view of the controversy surrounding the execution of Parliament attack case >convict Mohd Afzal as there was allegation that his family members were not >properly communicated about the dismissal of his plea and subsequent hanging. > >Earlier, a two-judge bench in April last year had held that long delay in >disposing of mercy pleas by the President or the governor of persons convicted >under anti-terror laws or similar statutes cannot be a ground for commutation >of death sentence. > >The April 12, 2013 ruling was pronounced while rejecting Bhullar's plea for >commutation of sentence on ground of delay in deciding his mercy plea. At that >time, there were over 20 convicts facing execution. > >Later on, an apex court bench had granted relief to a condemned prisoner M N >Das who had sought conversion of his death sentence to life imprisonment on >the ground of delay in deciding his mercy petition. > >Justice Sathasivam, before taking over as CJI, had said that there was a need >for "authoritative pronouncements" by a larger bench or a Constitution Bench >on issues like mercy pleas to avoid conflicting views by smaller benches. > >The 15 death row inmates on whose pleas the apex court delivered its verdict >are sandalwood smuggler Veerappan's aides and others. > >The other death row convicts included Suresh, Ramji, Gurmeet Singh, Praveen >Kumar, Sonia and her husband Sanjeev, Sundar Singh and Jafar Ali convicted in >various cases. > >While Suresh, Ramji, Gurmeet Singh and Jafar Ali are lodged in prisons in >Uttar Pradesh, former Haryana MLA Ralu Ram Punia's daughter Sonia and her >husband Sanjeev are jailed in Haryana. Praveen is in a Karnataka jail and >Sundar Singh is an inmate of a prison in Uttaranchal. > >Sonia and Sanjeev were awarded death penalty for killing eight members of her >family, including her parents and three children of her brother in 2001. > >Gurmeet Singh was convicted for killing 13 of his family members in 1986. >Jafar Ali murdered his wife and five daughters. Suresh and Ramji killed five >of their relatives. > -- > -- You received this message because you are subscribed to the Google Groups "humanrights movement" group. To unsubscribe from this group and stop receiving emails from it, send an email to [email protected]. To post to this group, send email to [email protected]. Visit this group at http://groups.google.com/group/humanrights-movement. For more options, visit https://groups.google.com/groups/opt_out.
