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Law Commission for “swift” scrapping of capital punishment

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Death Penalty

New Delhi: The Law Commission Monday recommended by a majority “swift” abolition of death penalty except in terror-related cases, noting it does not serve the penological goal of deterrence any more than life imprisonment.

The recommendation by the 9-member panel was, however, not unanimous, with one full-time member and two government representatives dissenting and supporting retention of capital punishment.

In its last report, the 20th Law Commission said there is a need to debate as to how to bring about the “abolition of death penalty in all respects in the very near future, soonest.”

The panel, while refusing to recommend any single model for abolishing death penalty, said “the options are many — from moratorium to a full-fledged abolition bill. The Law Commission does not wish to commit to a particular approach in abolition. All it says is that such a method for abolition should be compatible with the fundamental value of achieving swift and irreversible, absolute abolition.”

While supporting death for those convicted in terror cases and for waging war against the country, the report, ‘The death Penalty’ said that although there is no valid penological justification for treating terrorism differently from other crimes, concern is often raised that abolition of capital punishment for terror-related offences and waging war will affect national security.

The panel also questioned the “rarest of rare” doctrine in awarding death to convicts.

“After many lengthy and detailed deliberations, it is the view of the Law Commission that the administration of death penalty even within the restrictive environment of ‘rarest of rare’ doctrine is constitutionally unsustainable.

“Continued administration of death penalty asks very difficult constitutional questions…These questions relate to the miscarriage of justice, errors, as well as the plight of the poor and disenfranchised in the criminal justice system,” the report said.

One of three full-time members Justice (retd) Usha Mehra and both the ex-officio members — Law secretary P K Malhotra and Legislative Secretary Sanjay Singh gave their dissenting notes.

The Law Commission comprises a Chairman, three full-time members, two ex-officio members who represent the government, and three part-time members.

(Agencies)

Tantric awarded death sentence for killing eight-year-old boy

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death-sentence

Jajpur: A local court in Jajpur district has awarded death sentence to a 30-year-old Hindu tantric after convicting him for killing an eight-year-old boy in a human sacrifice case.

District and Sessions Judge Jivan Ballav Das on Tuesday pronounced the capital punishment on Pitambar Gaipei for killing Srikant Bag of Damodarpur under Sukinda police station limits in the district.

The incident, which took place in Icchanagarpatna village, had sent shock waves in the area. The court pronounced the sentence after examining 22 witnesses and their deposition in the case.

Gaipei had slit the child’s throat and pierced his body with a sharp weapon on February 11, 2010. He had lured the child by offering him chocolates and committed the crime, the police had said in its chargesheet.

The police had recovered the boy’s beheaded body from a drain in Icchanagarpatana, a village close to where he lived, on February 12, 2011. His head was found buried in the tantrik’s house along with religious offerings, the police had said.

The matter came to light on February 17, 2010 after the boy’s parents lodged a complaint with Sukinda police after reconciling to their fate that their child was lost.

Following the incident, Pitambar was on the run. Police had launched a manhunt and nabbed the culprit. He was then produced before the local court.

The arrested tantric confessed before the police that he killed the boy as an offering to the gods to bring good fortune to the people of the area.

(Agencies)

Nithari killings: Surender Koli's death sentence commuted by Allahabad HC

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Surinder Koli

Allahabad: The death sentence of Surender Koli, convicted in 2006 Nithari serial killings case, was on Wednesday commuted to life imprisonment by the Allahabad High Court on the ground of “inordinate delay” in deciding his mercy petition.

A Division Bench comprising Chief Justice DY Chandrachud and Justice PKS Baghel held that execution of Koli’s death sentence would be “unconstitutional in view of the inordinate delay” in deciding his mercy petition.

The order came on a Public Interest Litigation filed by NGO People’s Union for Democratic Rights (PUDR) which contended that the period elapsed in disposal of Koli’s mercy petition was “3 years and 3 months” and, as such, execution of death sentence would be in violation of the Right to Life granted in Article 21 of the Constitution.

A petition filed later by Koli himself, challenging the death sentence on the same ground as the one stated in the PIL, has also been clubbed with it.

The death sentence was awarded to him by a special CBI court at Ghaziabad on February 13, 2009.

The PIL was filed on October 31 last year, three days after the Supreme Court rejected Koli’s recall application.

The death warrant issued by the trial court on September 2 had fixed September 12 as the date of hanging, though its execution was stayed in view of the apex court’s decision to hear the recall application.

Rejection of the recall application had cleared the decks for execution of the death sentence, but it was stayed by the High Court on October 31 when it decided to hear the PIL.

After his appeal against the trial court order was turned down by High Court on September 11, 2009 while co-accused and his employer Moninder Singh Pandher was acquitted, Koli filed a petition before the Supreme Court challenging his conviction which was dismissed on February 15, 2011.

Koli, thereafter filed his mercy petition before the Governor of Uttar Pradesh on May 7, 2011, which was rejected 23 months later, on April 2, 2013.

The mercy petition was thereafter forwarded to the Union Home Ministry on July 19, 2013 and it was turned down by the President on July 20, 2014.

The court had agreed to hear the PIL disagreeing with the Centre’s preliminary objection that “the convict (Koli) had not filed a petition (at the time of filing of the PIL) challenging the rejection of his mercy petition”.

“The proceeding which has been instituted before this court is not in the nature of an appeal on merits against the order of conviction.”

“The petition seeks to question the constitutionality of the execution of the sentence of death in the present case, on the ground of a delay on the part of constitutional authorities in disposing of the mercy petitions,” the court had said.

Pandher and his domestic help Koli were arrested on December 29, 2006, after the police recovered skeletons and other belongings of missing girls from the drain outside his house in Noida on the outskirts of the national capital.

Koli had allegedly killed several girls, chopping their bodies to pieces before throwing them in the backyard and in the drain.

In December 2014, Asian Centre for Human Rights (ACHR) while releasing its report, “Death Reserved for the Poor” had stated Koli must not be executed before conclusion of the trial in 11 other cases of the Nithari murders.

ACHR had called for the case to be reviewed again in the light of the judgements in all the pending Nithari cases.

(Agencies)

Surinder Koli must not be hanged: ACHR

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Surinder Koli

New Delhi: Asian Centre for Human Rights while releasing its report, “Death Reserved for the Poor” Monday stated that condemned prisoner, Surinder Koli, who was convicted and sentenced to death in the Rimpa Halder murder case must not be executed before conclusion of the trial in 11 other cases of the Nithari murders.

Koli’s case must be reviewed again in the light of the judgements in all the pending Nithari cases.

The stay on Koli’s execution by the Allahabad High Court expires on 1 December 2014.

“If Koli is executed, the families of the victims of 11 pending cases in which Koli is an accused shall be denied justice, which means nothing less than final conclusion of the trials. Further, if Koli is executed, co-accused Pandher will get inadvertent favour. As Koli remains in jail he does not pose any threat to society whatsoever, and there is nothing urgent which warrants his execution before the conclusion of the trials of all the pending cases.” – stated Suhas Chakma, Coordinator of the National Campaign for Abolition of Death Penalty in India.

The report concluded that it is the poor and uneducated who are disproportionately awarded death penalty as they are unable to defend themselves in the highly expensive legal system. On the other hand, the rich and well-connected criminals can sabotage the probe, intimidate, influence and induce witnesses, suppress evidence with money and muscle power, and abuse all the procedural rights, the report said.

The report highlighted a number of cases of miscarriage of justice including by the Supreme Court which had upheld death penalty to juveniles like Ram Deo Chauhan of Assam in 2000 and Ankush Maruti Shinde of Maharashtra in 2009 as the legal aid lawyers provided by the State did not raise the issue of juvenility before the Courts.

“If Ram Deo Chauhan and Ankush Maruti Shinde were from rich and educated families, such gross miscarriage of justice would not arisen.”- Mr. Chakma said.

Asian Centre for Human Rights recommended to the Government of India to grant mercy to all those who are defended by legal aid because of poverty in all stages of the trial and appeal, and further ensure that the trial courts appoint advocate/amicus curiae who have trial practices on the offences that the accused is charged with.

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