A ray of hope for Afzal, other death-row prisoners

[email protected] (The Hindu)
December 17, 2012

Afzal

New Delhi, December 17: The Supreme Court judgment, in the case of Sangeet v. State of Haryana, delivered on November 20 could make the government give the benefit of the doubt to 14 death-row convicts including Afzal Guru, whose mercy petitions have been turned over to it by the President for fresh advice.

The one mercy petition presently pending with President Pranab Mukherjee, after the receipt of advice from Union Home Minister Sushilkumar Shinde, also carries the taint of flawed death sentence by the Supreme Court.

The Supreme Court’s five-judge Constitution Bench judgment in Bachan Singh v State of Punjab (1980) is the source of contemporary death penalty jurisprudence in India. It limited the death penalty to the rarest of rare crimes, and laid down the principle that the courts must impose the death sentence on a convict only if the alternative sentence of life imprisonment is unquestionably foreclosed. For achieving these twin objectives, the court held that judges must consider the aggravating features of the crime, as well as the mitigating factors of the criminal. However, the application of its principles by the courts to various cases has been very uneven and inconsistent.

The Sangeet judgement has reaffirmed that Bachan is the correct precedent for awarding death penalty. The relevant findings of the two-Judge Bench comprising Justice K.S. Radhakrishnan and Justice Madan B. Lokur in Sangeet, to paraphrase, are:

1. The reliance on Machhi Singh v. State of Punjab, delivered by a three-Judge Bench in 1983, as a valid legal precedent by many subsequent Benches to justify death sentences is flawed. Machhi Singh sought to compare aggravating circumstances pertaining to a crime with the mitigating circumstances pertaining to a criminal. These are completely distinct and different elements and cannot be compared with one another. A balance sheet cannot be drawn up of two distinct and different constituents of an incident. Bachan Singh resolutely refrained from balancing these elements, because it leads to arbitrary decisions by a Judge.

2. Machhi Singh sought to standardize crimes into five absolute categories, in order to identify the rarest of rare crime deserving death sentence. These five categories are manner of commission of murder, motive for commission of murder, anti-social or socially abhorrent nature of the crime, magnitude of crime and personality of victim of murder. These categories enlarge the scope for imposing death penalty that was greatly restricted by Bachan Singh.

3. Despite Bachan Singh, primacy still seems to be given to the nature of the crime. The circumstances of the criminal, referred to in Bachan Singh, appear to have taken a bit of a back seat in the sentencing process.

The Hindu has scrutinized each Supreme Court judgment in the 15 cases and found that applying Sangeet the executive could recommend commuting the death sentences in all the cases.


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Agencies
June 2,2020

Lucknow, Jun 2: Bahujan Samaj Party chief Mayawati on Tuesday said protests in the US after the death of George Floyd, an African-American man, is a clear message to the world that a common man's life has value.

She said this is also guaranteed by the India Constitution, but the governments don't follow it, resulting in the current plight of migrants workers.

Floyd, a 46-year-old restaurant worker from Houston, died in Minneapolis on Monday after a white police officer pinned him to the ground. Video footage showed the officer kneeling on Floyd's neck as he gasped for breath, sparking widespread protests across the US.

"Floyd's killing by police and the 'Black lives matter' agitation in the US have given a clear message to the world that a common man's life has value and it should not be taken for granted," Mayawati said in a tweet in Hindi.

"India's constitution guarantees independence, security, self-respect and pride and governments should give special attention to it. If it was followed, crores of migrants labourers would not have to witness such bad days," she added.

She also demanded better coordination between states to check the spread of coronavirus and said Centre should intervene.

"While coronavirus patients are rising, there is lack of coordination between states and with the Centre, and allegation and counter-allegations are going on and sealing of state borders is unjustified and it is weakening the fight against the virus.  The Centre should intervene," she said in a separate tweet.

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Agencies
January 20,2020

New Delhi, Jan 20: The BJP has got a brand new President in the form of JP Nadda. At around 2.30 pm, the announcement was made, bringing an end to the Amit Shah era in BJP. The party's Working President Jagat Prakash Nadda won unopposed, sparking celebrations outside the BJP headquarters here on Monday. 

Amit Shah himself was among the people who proposed Nadda's name along with Nitin Gadkari and Rajnath Singh. Soon after his annointment, BJP election returning officer Radha Mohan Singh told the media, "I announce JP Nadda as the new BJP President." Shah was also seen hugging Nadda.

The nomination process for the post of the BJP President began at 10 am and went on till 12.30 pm. For the next hour, the filed nomination paper, which was just one, was examined. Party members waitied till 2.30 pm for the candidate to withdraw if he wished to. It was after this that Nadda was declared as the man who would step into the shoes of Amit Shah.

Many in the BJP believe that although Nadda is the BJP chief now, Shah would still make all macro-level decisions like pre poll alliances or top organisational appointments. Nadda would be in charge of monitoring the day-to-day needs of the organisation. BJP sources say that Amit Shah himself wanted an arrangement like this one and personally wanted Nadda to take over. as he helped Shah formulate legislations like Triple Talaq and Citizenship Amendment Act.

The party constitution mandates completion of election of at least 50 per cent of state Presidents for the election of national President to happen. In the last few days, the BJP has completed the election of a slew of state Presidents like in West Bengal, Nagaland among others.

The process of election of the national BJP President is quite elaborate and has been described in detail in the party constitution, which says that the national president shall be elected by an electoral college, comprising members of the national council and the state councils.

"Any 20 members of the electoral college of a state can jointly propose the name of a person, who has been an active member for four terms and has 15 years of membership, for the post of national president. Such joint proposal should come from not less than five states where elections have been completed for the national council. The consent of the candidate is necessary," it says.

Who is JP Nadda?

Jagat Prakash Nadda, 59, who has his roots in the Rashtriya Swayamsevak Sangh (RSS) and its affiliates, was appointed the Bharatiya Janata Party (BJP) national President on Monday, replacing his 'mentor' and Union Home Minister Amit Shah.

Former environment, health and law minister from Himachal Pradesh, which has just four of the Lok Sabha's 543 seats, Nadda has tried to carve out his own space in national politics with his low profile and astute organisational skills, believe his party leaders.

He rose through the ranks from the Akhil Bharatiya Vidyarthi Parishad (ABVP), the student wing of the RSS, from where he has managed to build inroads from university to the state politics.

Nadda has been active on the national political scene since 2010 when he was picked by then BJP chief Nitin Gadkari to join his new team. He was made the party's national general secretary.

Born on December 2, 1960, Nadda did his graduation from Patna and holds a post-graduate degree in political science and Bachelor of Legislative Law (LL.B) from Himachal Pradesh University in Shimla.

Starting his political career as a student leader of the ABVP in 1978, Nadda had also worked both with Gadkari and Shah even in the party's youth wing -- the Bharatiya Yuva Morcha -- from 1991 to 1994.

His wife Mallika Nadda, who teaches history at the Himachal Pradesh University and is currently posted in university's campus in Delhi, was an ABVP activist too, and its national general secretary from 1988 to 1999.

In the previous BJP government (2007-12) in the state, Nadda was forced to resign as Forest Minister in 2010 owing to differences between him and then chief minister Prem Kumar Dhumal.

He was elected to the Rajya Sabha in 2012.

Nadda won his first Assembly election from Bilaspur (Sadar) in Himachal in 1993. In 1998, he again won from that seat and became the state Health Minister.

He lost the Assembly elections in 2003, but again won in 2007 and was appointed the Forest Minister in the Himachal Pradesh.

Nadda, as a forest minister, was the brain behind opening forest police stations to check forest crimes, launching community-driven plantation, setting up forest ponds and the massive plantation of deodars to boost the depleting green cover of the 'Queen of Hills', as Shimla was fondly called by the British.

A close confidant of Prime Minister Narendra Modi, Nadda was among those who were mentioned as likely aspirants to the BJP top post after Rajnath Singh was inducted into the Central government as the Home Minister in 2014.

Later, Nadda was inducted into the union cabinet in its first expansion in 2014 as the Health Minister.

Hailing Nadda's appointment, Chief Minister Jai Ram Thakur told IANS it is a proud moment that a leader belonging to a small state in the national politics is today the leader of the country's biggest national party.

His father N.L. Nadda, who was a Vice-Chancellor of the Ranchi University, resides in Bilaspur town.

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News Network
June 25,2020

New Delhi, Jun 25: India registered its worst single-day increase in COVID-19 cases on Thursday, recording more than 16,000 coronavirus infections, to push the overall tally to 4.73 lakh as the number of fatalities also jumped by 418, the Union Health Ministry said.

This was the sixth consecutive day when coronavirus cases increased by more than 14,000. On June 20, the country registered an increase of 14,516 cases. On June 21, the increase was of 15,413 cases; 14,821 cases on June 22; 14,933 cases on June 23; and 15,968 cases on June 24.

Consequently, India added 92,573 cases since June 20, and over 2.82 lakh this month since June 1.

The health ministry data updated at 8am on Thursday showed the daily tally increased by the highest-ever 16,922 cases to reach 4,73,105, while the total deaths climbed to 14,894 with 418 new fatalities.

However, according to the data, the recovery rate has improved to 57.43 per cent. The number of active cases stands at 1,86,514 while 2,71,696 people have recovered; one patient has migrated.

The total number of confirmed cases included foreigners.

According to ICMR, a total of 75,60,782 samples have been tested up to June 24 with 2,07,871 samples being tested on Wednesday.

Of the 418 new deaths, 208 were in Maharashtra, 64 in Delhi, 33 in Tamil Nadu, 25 in Gujarat, 14 in Karnataka, 11 in West Bengal, 10 each in Rajasthan and Haryana, nine in Madhya Pradesh, eight each in Uttar Pradesh and Punjab, five each in Andhra Pradesh, Telangana and Uttarakhand.

Bihar, Goa and Jammu and Kashmir have reported one COVID-19 fatality each.

Of the total fatalities, Maharashtra tops the tally with 6,739 deaths followed by Delhi (2,365), Gujarat (1,735), Tamil Nadu (866), Uttar Pradesh (596), West Bengal (591), Madhya Pradesh (534), Rajasthan (375) and Telangana (225).

The COVID-19 death toll reached 188 in Haryana, 164 in Karnataka, 124 in Andhra Pradesh, 113 in Punjab, 88 in Jammu and Kashmir, 57 in Bihar, 35 in Uttarakhand, 22 in Kerala and 17 in Odisha.

Chhattisgarh has registered 12 deaths, Jharkhand 11, Assam and Puducherry nine each, Himachal Pradesh eight, Chandigarh six, Goa two and Meghalaya, Tripura and Ladakh have reported one fatality each.

More than 70 per cent deaths took place due to comorbidities, the health ministry said.

Maharashtra has reported the highest number of cases at 1,42,900 followed by Delhi at 70,390, Tamil Nadu at 67,468, Gujarat at 28,943, Uttar Pradesh at 19,557, Rajasthan at 16,009 and West Bengal at 15,173, according to ministry data.

The number of COVID-19 cases has gone up to 12,448 in Madhya Pradesh, 12,010 in Haryana, 10,444 in Telangana,10,331 in Andhra Pradesh and 10,118 in Karnataka.

It has risen to 8,209 in Bihar, 6,422 in Jammu and Kashmir, 6,198 in Assam and 5,752 in Odisha. Punjab has reported 4,627 novel coronavirus infections so far, while Kerala has 3,603 cases.

A total of 2,623 people have been infected by the virus in Uttarakhand, 2,419 in Chhattisgarh, 2,207 in Jharkhand, 1,259 in Tripura, 970 in Manipur, 951 in Goa, 941 in Ladakh and 806 in Himachal Pradesh.

Puducherry has recorded 461 COVID-19 cases, Chandigarh has 420, Nagaland has 347, Arunachal Pradesh has 158 and Mizoram has 142 cases.

Dadra and Nagar Haveli and Daman and Diu together have reported 120 COVID-19 cases.

Sikkim has 84, Andaman and Nicobar Islands has registered 56 infections so far while Meghalaya has recorded 46 cases.

"Our figures are being reconciled with the ICMR (Indian Council of Medical Research)," the ministry said, adding 8,493 cases are being reassigned to states.

State-wise distribution is subject to further verification and reconciliation, it added.

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